Search for: "Standard Jury Instructions Criminal Cases"
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6 Jun 2011, 5:37 pm
Don’t rely on the judge’s instructions to the jury; write your own. [read post]
1 Jun 2011, 3:28 pm
Surely it would have been more customary to remand the case to the Federal Circuit with instructions to consider the case under the new standard. [read post]
31 May 2011, 4:44 pm
Unlike criminal trials, the law does not require plaintiffs to prove their case "beyond a reasonable doubt". [read post]
31 May 2011, 12:00 pm
The jury found for SEB on the induced infringement theory, and the District Court entered judgment for SEB. [read post]
30 May 2011, 2:08 pm
Rule 5-404(b) should continue to be applicable only to evidence offered by the State against the defendant in a criminal case. [read post]
27 May 2011, 7:54 am
The case is State v. [read post]
23 May 2011, 8:44 am
In each case the Court of Appeal subsequently quashed the conviction following a reference from the Criminal Cases Review Commission. [read post]
16 May 2011, 8:08 pm
A similar device was used by psychologist William Marston during World War I in espionage cases, which proved to be a precursor to its use in the criminal justice system. [read post]
9 May 2011, 5:48 am
With respect to the instruction as to what constitutes a `threat’ under law, the transcript of the proceedings shows that AUSA Tobin correctly outlined the applicable legal standard. . . . [read post]
8 May 2011, 11:58 am
Health Care Reform: 11TH CIRCUIT SETS JUNE HEARING IN CASE ON HEALTH CARE REFORM LAW, Florida v. [read post]
2 May 2011, 3:00 am
Police curb wrong-way driver on QEWNiagara Falls ReviewBy Standard Staff, St. [read post]
1 May 2011, 11:00 pm
However, the Court pointed out that although proportionality is a key element of a proper punitive damages measure, the standard of review for punitive damages is whether a properly instructed and reasonable jury could have concluded that the amount was required to punish the defendant, and that in this case the $25,000 figure was too low to satisfy that requirement. [read post]
29 Apr 2011, 7:54 pm
In criminal matters a jury is only instructed to reach a guilty verdict if they have no reasonable doubts at all about the person’s guilt. [read post]
29 Apr 2011, 1:30 pm
Rule 30 of criminal procedure says that if you want to object to a jury instruction, you have to do it in open court, with specific detail, after the judge has read the charge, but before the jury has begun deliberations. [read post]
25 Apr 2011, 9:12 am
Since the State did not establish the elements of the inference, it was not entitled to a jury instruction on this element. [read post]
24 Apr 2011, 7:50 pm
Thus, where Breakiron was guilty of some offense, and the jury instructions only presented the jury with an all-or-nothing choice between robbery and outright acquittal, there was a substantial risk that the jury would convict him of an unproven offense (robbery). [read post]
23 Apr 2011, 4:09 pm
Presenting a defensive case for DUI can involve both the legal aspects of the case, such as challenges to unlawful stops, and factual aspects when the case is tried before a jury. [read post]
21 Apr 2011, 11:15 am
” The Court sent the case back to the lower courts to reconsider allowing jury instructions regarding such a defense. [read post]
11 Apr 2011, 11:35 am
" These standards of proof are written in the affirmative, meaning that Judge or Jury is NOT instructed to look for reasons to convict, or rule against someone. [read post]
10 Apr 2011, 4:04 pm
It is considered to be a part of the original criminal case, not a separate proceeding. [read post]