California Jury Instruction - On or about - Knowingly - Only When Willfulness or Specific Intent is Not an Element

• Category: Federal - Jury Instructions - Basic Criminal Claim Instructions
• State: Multi-State
• Control #: US-11CR-9-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs. California Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element is a legal instruction provided to juries in California courts. This instruction is primarily used in criminal cases where the prosecution does not have to prove specific intent or willfulness as an element of the crime. When determining guilt or innocence, the jurors are instructed to consider whether the alleged act occurred on or about the date specified in the case. This instruction emphasizes that the exact date is not crucial but rather the act should have taken place around that time. The term "knowingly" refers to the mental state of the defendant when they committed the act. In cases where specific intent or willfulness is not an element, the jury needs to determine whether the defendant knew they were engaging in the prohibited conduct. There are variations of this jury instruction in different types of cases, depending on the specific crime being charged: 1. California Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element — Drug Possession: This instruction is used in drug possession cases where the prosecutor does not need to prove that the defendant had the specific intent to possess drugs. The jury needs to find that the defendant knowingly possessed the controlled substance on or around the alleged date. 2. California Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element — Theft: This instruction is used in theft-related cases, where the prosecution does not need to prove that the defendant intentionally stole someone's property. Instead, the jury needs to determine if the defendant knowingly took or unlawfully appropriated the property on or about the specified date. 3. California Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element — Assault: In cases involving assault, where the prosecution does not need to prove that the defendant willfully intended to cause harm, this instruction is used. Instead, the jury must determine if the defendant acted knowingly, causing a reasonable apprehension of immediate physical harm, on or about the alleged date. It is essential for jurors to understand these instructions to ensure fairness and accuracy in their decision-making process. By considering the timing of the alleged act and the defendant's state of knowledge, they can reach a just verdict based on the law's requirements, only when willfulness or specific intent is not an element.

California Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element is a legal instruction provided to juries in California courts. This instruction is primarily used in criminal cases where the prosecution does not have to prove specific intent or willfulness as an element of the crime. When determining guilt or innocence, the jurors are instructed to consider whether the alleged act occurred on or about the date specified in the case. This instruction emphasizes that the exact date is not crucial but rather the act should have taken place around that time. The term "knowingly" refers to the mental state of the defendant when they committed the act. In cases where specific intent or willfulness is not an element, the jury needs to determine whether the defendant knew they were engaging in the prohibited conduct. There are variations of this jury instruction in different types of cases, depending on the specific crime being charged: 1. California Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element — Drug Possession: This instruction is used in drug possession cases where the prosecutor does not need to prove that the defendant had the specific intent to possess drugs. The jury needs to find that the defendant knowingly possessed the controlled substance on or around the alleged date. 2. California Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element — Theft: This instruction is used in theft-related cases, where the prosecution does not need to prove that the defendant intentionally stole someone's property. Instead, the jury needs to determine if the defendant knowingly took or unlawfully appropriated the property on or about the specified date. 3. California Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element — Assault: In cases involving assault, where the prosecution does not need to prove that the defendant willfully intended to cause harm, this instruction is used. Instead, the jury must determine if the defendant acted knowingly, causing a reasonable apprehension of immediate physical harm, on or about the alleged date. It is essential for jurors to understand these instructions to ensure fairness and accuracy in their decision-making process. By considering the timing of the alleged act and the defendant's state of knowledge, they can reach a just verdict based on the law's requirements, only when willfulness or specific intent is not an element.