Hawaii Jury Instruction - Possession

• Category: Federal - Jury Instructions - Special Instructions
• State: Multi-State
• Control #: US-11CRS-6
• 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.

Hawaii Jury Instruction — Possession is a legal guideline used in the State of Hawaii to inform the jury about the rules and standards they should consider when determining a defendant's guilt or innocence in a possession-related criminal case. This instruction helps ensure that jurors have a clear understanding of the law surrounding possession offenses and can make an informed decision based on the evidence presented during the trial. The Hawaii Jury Instruction — Possession includes the following key elements: 1. Actual Possession: This refers to a situation where a person has physical control or immediate access to a specific item or substance. It means that the item is on their person or within their immediate reach and control. For example, a defendant carrying drugs in their pocket or having a weapon in their hand would constitute actual possession. 2. Constructive Possession: In contrast to actual possession, constructive possession refers to situations where a person does not have physical control or immediate access to the item or substance, but still has the ability to exercise control over it. For example, if drugs are found in a defendant's car or in their house, they may be considered to have constructive possession of the drugs if there is evidence linking them to the drugs, such as fingerprints or eyewitness testimony. 3. Joint Possession: Joint possession occurs when two or more individuals jointly possess an item or substance. In such cases, each individual may be held equally responsible for the possession offense. For example, if drugs are found in a shared apartment or a car that multiple people have access to, all individuals involved may be charged with joint possession. 4. Knowledge: In possession cases, it is crucial for the prosecution to prove that the defendant had knowledge of the presence of the item or substance. Mere proximity to the item or substance is not enough to establish possession. The jury must be instructed to assess whether the defendant knowingly had control over or access to the item in question. 5. Intention to Possess: Another important element for the jury to consider is whether the defendant had the intention to possess the item or substance. The jury instruction may explain that the defendant must have had the purpose or design to exercise control over the item or substance. It is important to note that different types of Hawaii Jury Instruction — Possession may exist depending on the specific circumstances of the case or the type of offense involved. Some examples of possible variations include: 1. Hawaii Jury Instruction — Possession of Controlled Substances: This instruction specifically addresses possession offenses related to controlled substances, such as illegal drugs or prescription medication. 2. Hawaii Jury Instruction — Possession of Firearms: This instruction provides guidance to the jury when considering possession offenses related to firearms, ensuring they understand the specific laws and regulations surrounding firearm possession. 3. Hawaii Jury Instruction — Possession of Stolen Property: This instruction focuses on possession offenses involving stolen property and guides the jury on how to evaluate evidence and determine guilt or innocence in such cases. In summary, Hawaii Jury Instruction — Possession is an essential legal guideline that helps jurors understand the nuances of possession offenses in the state. By explaining the different forms of possession, the need to prove knowledge and intention, and specifying various types of possession cases, these instructions enable the jury to make informed decisions based on the evidence presented during the trial.