Kentucky Jury Instruction — Possession In the legal context, possession refers to an individual's act of having control or custody over an object, substance, or property. The concept of possession plays a crucial role in determining criminal liability, as it helps establish whether a person has ownership, control, or knowledge of an illegal substance or item. To aid juries in understanding possession charges, Kentucky provides specific jury instructions regarding possession. One type of Kentucky Jury Instruction — Possession is the "Simple Possession" instruction. This instruction defines simple possession as knowingly having control or custody over a prohibited substance, such as drugs, without a valid legal justification. In cases involving controlled substances, the prosecution must prove that the defendant had knowledge of the substance's existence and control over it. Another type of Kentucky Jury Instruction — Possession is the "Constructive Possession" instruction. Constructive possession refers to having control or custody over an illegal item indirectly, meaning that although the item is not physically present on the person, the individual still exercises control and dominion over it. This instruction is commonly used when illegal substances or illicit items are found in places such as a car, residence, or locker, where multiple individuals have access. Kentucky's law recognizes that possession can be either actual or constructive. Actual possession typically refers to situations where the prohibited item is found directly on the person, such as in their pockets or bags. On the other hand, constructive possession involves circumstances where the person does not have physical contact with the item but still exercises control or ownership over it. When determining possession, intent also plays a vital role. The jury must consider whether the defendant possessed the item knowingly and intentionally. Mere proximity to the item without knowledge or intent is not sufficient to establish possession. Additionally, juries are instructed not to consider the mere presence of multiple people at a location where illegal substances or items are found as proof of possession. Mere presence, without additional evidence linking a specific person to possession, cannot establish guilt beyond a reasonable doubt. In summary, Kentucky Jury Instruction — Possession guides juries in correctly understanding and applying the concept of possession in criminal cases. It helps define various types of possession, such as simple possession and constructive possession, and emphasizes the importance of knowledge and intent in establishing possession. By providing clear instructions, juries can make informed decisions when determining the guilt or innocence of defendants in possession cases.
Kentucky Jury Instruction - Possession
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Thus, preliminary instructions should cover the statutory requirements, set forth the basic and important legal principles that a jury needs to know, attempt to explain to jurors things they will see and hear during a trial that might otherwise puzzle them, and try to assure jurors that rulings on objections and the ...
The judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
Jury Summons Process Circuit Court and District Court judges in need of jurors notify the chief circuit judge (or his or her designee), who then requests a list of prospective jurors from the master list maintained by the Administrative Office of the Courts.
The purpose of the instructions is to help the jury arrive at a verdict that follows the law of that jurisdiction. At all times, the judge's instructions are to be given in terms a layperson can easily understand and contribute to the effective administration of justice and public confidence.
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 will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
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.