Search for: "Standard Jury Instructions-Criminal Cases"
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11 Aug 2008, 7:19 pm
Under the Resource Conservation and Recovery Act ("RCRA") criminal provisions, the mens rea is the "knowing" standard. [read post]
7 Aug 2008, 5:05 am
Background: For many, many years criminal defense attorneys in Nevada argued that standard jury instructions on first degree murder were unconstitutional, invalid and otherwise bad as they muddled the distinction between first and second degree murder and did not give adequate attention to the mens rea elements of premeditation, deliberation and willfulness. [read post]
4 Aug 2008, 7:06 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
4 Aug 2008, 5:43 pm
Program (1999-2000)Member, Governor's Com'sn on Building Calif. for the 21st Century (1999-2002)Member, Committee on Continuing Appellate Education of the American Bar Association's Judicial Administration Division (1993-1996)President, California Judges Association (1982-83)Los Angeles Countywide Criminal Justice Coordinating Committee (Chairman pro tem 1984, member 1983)Judicial Commission on Crime Victims, member, appointed by Attorney General George Deukmejian… [read post]
31 Jul 2008, 3:02 am
In its opinion, the court wrote: “The established safeguards of the Anglo-American legal system leave the veracity of a witness to be tested by cross examination, and the credibility of his testimony to be determined by a properly instructed jury. [read post]
27 Jul 2008, 3:27 pm
S. ____ (2008) (slip opinion, formatted below from .pdf to .doc format by LawPundit), which, although it is a special case of maritime law, definitely sets the logical/legal standards for treatment of punitive damages in other cases in the future.In the Exxon Valdez case, the jury had initially awarded $5 billion in punitive damages, which the Court of Appeals for the Ninth Circuit had reduced to $2.5 billion based upon due process considerations. [read post]
21 Jul 2008, 9:14 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
15 Jul 2008, 2:00 pm
Initially, the trial court instructed the jury with the standard "pattern" jury instruction, which provides: "In order to prove an assault, each of the following elements must be proved: 1. [read post]
11 Jul 2008, 12:49 pm
A jury verdict form that reflects this ambition simply has to limit the jury's consideration appropriately. [read post]
1 Jul 2008, 4:49 pm
By contrast, the California jury in the Hwang case absolved Dr. [read post]
30 Jun 2008, 8:08 pm
Any higher standard of actual proof, the RIAA said, would "cripple" copyright enforcement in the digital age. [read post]
30 Jun 2008, 5:05 pm
Turning to trials, will defendants accused of possessing firearms in connection with drug dealing now be able to demand that the jury be given a Second Amendment instruction? [read post]
25 Jun 2008, 11:41 pm
In this case, the jury found both Exxon and Captain Hazelwood to have acted recklessly, not maliciously. [read post]
25 Jun 2008, 6:15 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
23 Jun 2008, 8:39 am
Categories included: Corrections Law, Criminal Procedure Law, Death Penalty, Judiciary Law, Penal Law. [read post]
12 Jun 2008, 8:26 pm
The Supreme Court, agreeing with the intermediate appellate court, held that reliance on a civil standard for criminal liability was improper because the use of civil standards which had not migrated into substantive criminal law provided insufficient notice to an accused and violated due process principles. [read post]
10 Jun 2008, 2:36 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
4 Jun 2008, 3:28 am
(Publication of the Texas Criminal Defense Lawyers Association), April 2003 issue. [read post]
COURT: SIXTH AMENDMENT GIVES DEFENDANT THE RIGHT TO HAVE JURY INFORMED OF MANDATORY MINIMUM SENTENCE
28 May 2008, 7:00 am
[T]he question is whether the challenged instruction misled the jury as to the correct legal standard or did not adequately inform the jury on the law.' United States v. [read post]
27 May 2008, 9:50 am
Heath, No. 07-1215 A conviction for tax evasion is affirmed over claims of error regarding: 1) the failure of the district court to properly state a jury charge by omitting that the government had to prove that a "substantial" amount of tax was due; 2) an instruction to the jury that they did not have to find defendant's conduct "willful;" 3) the phrase "Void where prohibited by law" and a jury instruction on whether a… [read post]
