Search for: "Standard Jury Instructions-Criminal Cases"
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30 Aug 2011, 1:52 am
When a jury is seated in a criminal child abuse case, they are instructed by the court that to find the defendant guilty of child abuse, the People must prove that: 1. [read post]
29 Aug 2011, 11:52 pm
When a jury is seated in a criminal child abuse case, they are instructed by the court that to find the defendant guilty of child abuse, the People must prove that: 1. [read post]
Family law amendments, felony DUI, sentencing, securities fraud and a busy week in the court kitchen
28 Aug 2011, 6:15 pm
State ,(Fla.App. 2 Dist.)Criminal Justice - Phrasing of standard jury instruction for attempted manslaughter creates an impermissible intent-to-kill element.The phrase "committed an act which was intended to cause the death of" in the standard jury instruction for attempted manslaughter impermissibly creates an intent-to-kill element in the crime of attempted manslaughter. [read post]
27 Aug 2011, 4:34 am
A relator cannot merely allege that a defendant violated a standard (in this case, with respect to radiology studies), but must allege that compliance with the standard was required to obtain payment. [read post]
25 Aug 2011, 7:43 am
• Whether the case involved cross-racial identification.To provide courts with these more enhanced jury instructions, the court gave the Criminal Practice Committee and the Committee on Model Criminal Jury Charges 90 days to submit proposed revisions to the current jury instructions on eyewitness identification, specifically directing them to consider the model jury instructions submitted by… [read post]
25 Aug 2011, 7:33 am
The New Jersey Supreme Court, acknowledging a “troubling lack of reliability in eyewitness identifications,” issued sweeping new rules on Wednesday making it easier for defendants to challenge such evidence in criminal cases. [read post]
24 Aug 2011, 10:30 am
“Courts must carefully consider identification evidence before it is admitted to weed out unreliable identifications, and that juries must receive thorough instructions tailored to the facts of the case to be able to evaluate the identification evidence they hear,� [read post]
22 Aug 2011, 1:43 pm
" The court also revised its standard model jury instructions related to this issue. [read post]
20 Aug 2011, 8:22 pm
Everyone is familiar with the standard of proof in criminal cases. [read post]
20 Aug 2011, 5:41 pm
The standard is described in Florida Standard Jury Instruction 401.3 GREATER WEIGHT OF THE EVIDENCE as follows: "Greater weight of the evidence" means the more persuasive and convincing force and effect of the entire evidence in the case. [read post]
20 Aug 2011, 4:00 am
Accordingly, the judgment in favor of defendants on the 1983 claim was reversed and the case remanded with instructions to enter judgment on that claim consistent with the jury verdict in favor of plaintiff. [read post]
14 Aug 2011, 2:05 pm
The Chicone decision also required the trial court to provide for a special jury instruction on the knowledge element.In 2002, the Florida Supreme Court addressed Florida's statutory scheme for drug crimes and found that “knowledge is an element of the crime of possession of a controlled substance, a defendant is entitled to an instruction on that element, and . . . [read post]
13 Aug 2011, 8:57 am
We should look at industries/situations case by case. [read post]
10 Aug 2011, 4:55 am
The judge determines what the law is and, as I’ve noted in earlier posts, instructs the jury on the applicable law. [read post]
9 Aug 2011, 10:49 am
There was a “rigid limit” on the time the defendant had to turn the gun over to police, and as the defendant himself testified that he was planning to store the gun at his home, his request for a jury instruction on innocent possession was properly denied. [read post]
8 Aug 2011, 6:58 pm
Each case exerts enormous influence on how Texas family lawyers should instruct their clients. [read post]
7 Aug 2011, 10:43 pm
The medical student can have clinical instruction and hospital practice. [read post]
29 Jul 2011, 7:00 am
Make sure you understand the expectations, standards and time commitment required before you join. [read post]
27 Jul 2011, 9:22 am
Bea’s conviction for first degree assault, holding that the trial court properly gave the jury a first aggressor instruction when the facts showed that, while Mr. [read post]
26 Jul 2011, 4:26 pm
Dear Readers:The following case is quite instructional. [read post]
