Search for: "Standard Jury Instructions-Criminal Cases"
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1 Jan 2023, 4:00 am
As MacPherson J.A., dissenting, correctly observed in the Court of Appeal, the trial judge explicitly instructed the jury to consider Mr. [read post]
27 Dec 2022, 12:43 pm
First, the Commonwealth failed to demonstrate either the credibility of their informant or the credibility of the information, thus violating the Aguilar-Spinelli test, and also that the Commonwealth refused to instruct the jury about the exemption from liability that occurs when individuals have a firearm “in or on their place of business. [read post]
9 Dec 2022, 12:10 pm
While consideration of race or position is not allowed under the law, juries are not aware that they hold these implicit biases, and their reliance on them in decision making tends to benefit police and the prosecution and prejudice the accused, who, in gang-related cases are disproportionately people of color. [read post]
9 Dec 2022, 7:44 am
Such challenges could benefit defendants by prompting a judge to instruct a jury to give less weight to such testimony, to strike the testimony related to that evidence altogether, or even to dismiss the case outright. [read post]
2 Dec 2022, 3:00 am
The draft update introduced new standards for lobbyists regarding shared relationships, political activities, and gifts. [read post]
1 Dec 2022, 12:01 pm
The California Jury Instructions explain gross negligence as a lack of any care or an extreme departure from conduct that a reasonably cautious individual would do in the same situation to prevent harm to themselves or another person. [read post]
14 Nov 2022, 9:01 pm
Usually, the use of classified information in a federal criminal case is not a problem for prosecutors. [read post]
8 Nov 2022, 8:26 am
This summary will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
6 Nov 2022, 8:17 am
The danger is that a court or jury may place too much emphasis on them. [read post]
3 Nov 2022, 8:35 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
30 Oct 2022, 1:46 pm
The standardized instructions state the officer should time the suspect and stop them in 30 seconds. [read post]
28 Oct 2022, 2:46 pm
You know, with products liability, it’s pretty simple in regards to the fact that it has to be reasonable use, and you have to follow instructions. [read post]
26 Oct 2022, 11:29 am
The standard of “beyond a reasonable doubt” is the very highest standard of proof in the law. [read post]
25 Oct 2022, 5:20 am
However, I know of no case that would impose this affirmative duty on Trump as a criminal legal matter. [read post]
25 Oct 2022, 5:17 am
The only viable option for the committee in that case would be a criminal contempt certification by the House to the Justice Department. [read post]
20 Oct 2022, 7:50 am
These summaries will be added to Smith’s Criminal Case Compendium, a free and searchable database of case summaries from 2008 to the present. [read post]
16 Oct 2022, 4:00 am
In a criminal case, the Crown may not argue that any evidence pointing towards the accused’s guilt provides relevant context. [read post]
14 Oct 2022, 4:00 am
The witness description and footage offer the most direct account to date of Trump’s actions and instructions leading up to the FBI’s search, in which agents [read post]
27 Sep 2022, 12:18 pm
P. 33 standard for granting new jury trials “if the interest of justice so requires. [read post]
27 Sep 2022, 8:42 am
Although society typically deters outrageous conduct that causes a substantial risk of harm by imposing criminal liability, to establish entitlement to punitive damages in negligence cases, Swift does NOT require: a plaintiff to establish criminal conduct, or a plaintiff to identify an applicable criminal statute. [read post]
