Kansas Jury Instruction — Possession is a legal guideline given to juries in Kansas during criminal trials to help them understand the concept of possession as it relates to the commission of a crime. This instruction outlines the elements that must be proven in order to establish possession and the different types of possession that can be considered in a case. Understanding these instructions is vital for jurors to make informed decisions based on the evidence presented in court. There are several types of possession instructions that can be provided in Kansas, depending on the circumstances of the case. Some different types of possession instructions are as follows: 1. Actual Possession: This instruction addresses situations where the defendant has direct physical control or custody over the item in question. For example, if a person is found with drugs in their hands or concealed on their person, this instruction may be applicable. 2. Constructive Possession: This instruction is given when the defendant does not have direct physical control over the item but has knowledge of its existence and the ability to exercise control over it. For instance, if drugs are discovered in a car's glove compartment and the defendant is the sole driver and owner of the vehicle, this instruction may apply. 3. Joint Possession: In cases where multiple individuals share control or custody over an item, this instruction may be given. Joint possession is relevant when it is not clear who had actual possession of the item, but it can be proven that each person had knowledge of its presence and the ability to control it. 4. Knowing Possession: This instruction focuses on the defendant's mental state and requires proving that the individual was aware of the nature or character of the item they possessed. For example, in a drug possession case, the prosecution must establish that the defendant knew they were in possession of illegal drugs. 5. Purposeful Possession: This instruction addresses the specific intent of the defendant to possess the item for a particular purpose or use. It requires demonstrating that the defendant had a conscious objective to control and utilize the item in a certain manner. An example could be someone possessing a weapon with the intent to commit a crime. It is important to note that these different types of possession instructions can be used independently or in combination, depending on the facts and evidence presented during the trial. Jurors must carefully consider these instructions in relation to the specific charges and evidence in order to arrive at an unbiased and fair verdict. In conclusion, Kansas Jury Instruction — Possession provides the necessary guidelines to help jurors understand the various forms of possession and the elements required to establish possession in criminal cases. By considering the evidence and applying these instructions, jurors can make informed decisions regarding the guilt or innocence of the defendant.
Kansas Jury Instruction - Possession
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After a jury is selected, a trial will generally follow this order of events: Opening Statement: ... Presentation of Evidence: ... Rulings by the Judge: ... Instructions to the Jury: ... Closing Arguments: ... Deliberation:
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
Whether a case is criminal or civil (a lawsuit seeking money compensation), there are six major phases: Jury Selection, Opening Statements, Testimony and Evidence, Closing Arguments, Jury Instructions, and Deliberation and Verdict.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.