A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.
In California, when it comes to the instruction given to the jury regarding conversion, it is crucial to understand that intent is not an essential element. Conversion refers to unlawfully exercising control over another person's property without their authorization or consent. While intention can play a role in determining the extent of liability in conversion cases, California Jury Instructions make it clear that intent is not a necessary requirement to establish the offense. There are various types of California Instructions to the Jury that clarify the non-essential nature of intent in conversion cases. Some of these instructions include: 1. CAL CRIM 2106: This instruction informs the jury that to establish conversion, the plaintiff does not need to prove that the defendant intended to permanently deprive the owner of their property. Instead, the focus should be on whether the defendant exercised control over the property without the owner's permission. 2. CAL CRIM 2107: This instruction emphasizes that the plaintiff's burden of proof in a conversion case does not involve proving that the defendant acted intentionally or willfully. Rather, the jury should consider whether the defendant acted without lawful authority or the owner's consent. 3. CAL CRIM 2108: This instruction clarifies that conversion can occur even if the defendant did not have any intention to keep or use the property for themselves. It emphasizes that the crucial factor is the defendant's unauthorized control over the property. These instructions highlight that intent is not a necessary element in establishing the offense of conversion in California. By removing the burden of proving intent, these instructions aim to facilitate a fair and objective assessment of conversion cases, allowing the jury to focus on the defendant's control over the property without being influenced by questions of intention.
