Search for: "Standard Jury Instructions Criminal Cases"
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7 Dec 2010, 11:21 am
Powell, the State must include in the information any aggravating factor it intends to prove for purposes of seeking an exceptional sentence above the standard range, the Court concluded that when the state presents an uncharged aggravator to the jury, the defendant is entitled to dismissal of the underlying criminal charge; the usual remedy for a deficient information. [read post]
4 Dec 2010, 9:02 am
" According to the Standard Florida Criminal Jury instruction for Driving Under the Influence: "Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives. [read post]
4 Dec 2010, 8:00 am
Two of the three statutes approved clearly did not require that the jury be instructed to consider any factor in mitigation the defendant threw against the wall. [read post]
1 Dec 2010, 5:39 pm
The government said it would have dropped the case if that more onerous standard was required. [read post]
30 Nov 2010, 1:33 pm
They often include allegations that a judge gave improper jury instructions, a prosecutor made improper remarks during closing arguments or that evidence was impermissibly barred or admitted. [read post]
30 Nov 2010, 12:58 pm
He or she will discuss the standard of proof that jurors should apply to the case – “beyond a reasonable doubt” in a criminal case. [read post]
29 Nov 2010, 7:08 am
In a criminal case, juries may simply not believe the evidence or feel that the law or its application in that particular case is unfair, and despite their instructions to the contrary, may choose to ignore the law in their decision. [read post]
29 Nov 2010, 7:08 am
In a criminal case, juries may simply not believe the evidence or feel that the law or its application in that particular case is unfair, and despite their instructions to the contrary, may choose to ignore the law in their decision. [read post]
25 Nov 2010, 8:46 pm
On appeal, the Court directed the parties to address: 1) whether the jury was properly instructed that, if the prosecutor proved beyond a reasonable doubt that the defendant confronted the victim intending his presence to provoke the victim to use force, that the defendant forfeited the benefit of self-defense; and, 2) whether the beyond a reasonable doubt standard is sufficiently expressed when the court instructs that, if a realistic or reasonable… [read post]
22 Nov 2010, 11:02 am
ThomasDocket: 10-180Issue(s): (1) Whether the lower court properly held that the issuance of a "no duplication of damages" instruction to the jury in a Section 1983 case cures any error resulting from incorrect adjoining instructions that invited the jury to assess damages "by defendant" and "by claim" and to decide the legal question of joint liability; and (2) whether the adjudication of constitutional tort claims against… [read post]
21 Nov 2010, 5:10 pm
State ,(Fla.App. 2 Dist.)Criminal Justice - Defendant whose convictions were reversed because his acts were not criminal was not a "wrongfully incarcerated person. [read post]
20 Nov 2010, 12:18 am
In many states, however, juries also assess criminal culpability in cases where the prosecution requests the death penalty.Surveys taken in the 1990s of people who had served on U.S. juries that decided in favor of the death penalty found many had suffered from posttraumatic stress disorder, insomnia and headaches.In death penalty cases heard by juries in the United States, the criteria and procedures for assessing culpability are stipulated in… [read post]
19 Nov 2010, 5:06 pm
The court rejected this argument noting that the trial judge instructed the jury to disregard any implication made by the co-defendant. [read post]
18 Nov 2010, 3:38 am
The Ohio State Bar Association certainly thinks so; back in May they came up with a proposed jury instruction intended to curb the influence of legal and forensic TV shows. [read post]
9 Nov 2010, 9:04 am
The Court also found that the jury instructions properly instructed the finder of fact that Mr. [read post]
4 Nov 2010, 9:54 am
"It is estimated that DNA would be available and useful in less than 10 percent of all serious cases, and there are many cases where evidence isn't preserved. [read post]
4 Nov 2010, 7:27 am
Judge Shapiro would hold that the standard Michigan aiding and abetting instructions given to the jury implied that Bennett could be found guilty if she negligently aided and abetted Benson. [read post]
2 Nov 2010, 3:26 pm
Redlightning’s proposed jury instruction regarding the credibility, reliability, and truthfulness of his confessions. [read post]
27 Oct 2010, 11:30 am
Once the 9th found that there was a right of appeal, it denied defendant relief on his appeal issues, where he argued that the indictment should have been dismissed, the jury should have been instructed on wilfulness, and he should have been allowed to raise a diminished capacity defense. [read post]
20 Oct 2010, 11:51 am
Consider a routine criminal case. [read post]
