Maryland Jury Instruction — Possession refers to a set of guidelines provided to the jury members during a criminal trial in Maryland that pertain to the offense of possession. Possession, as commonly understood, refers to the act of having control, ownership, or physical custody over an item, substance, or property. These instructions aim to help the jury understand the elements of possession charges and the factors they need to consider in order to reach a fair and just verdict. The Maryland Jury Instruction — Possession may vary depending on the specific offense being charged. Some different types of Maryland Jury Instruction — Possession may include: 1. Actual Possession: This instruction addresses cases where the defendant has direct physical control or custody over the item in question. For example, if a person is found holding drugs in their hand or in their pocket, they can be charged with actual possession. 2. Constructive Possession: This instruction deals with cases where the defendant does not have direct physical control over the item, but they have the ability and intent to exercise control over it. Constructive possession applies when the item is not found on the defendant's person but is within their control or in a location that they have access to. 3. Knowledge and Possession: This instruction emphasizes the requirement for the prosecution to prove that the defendant not only possessed the item but also had knowledge of its presence and nature. It is essential to establish that the defendant was aware they had control or custody over the item in question. 4. Joint Possession: This instruction comes into play when multiple individuals share control or custody over an item. It clarifies that if the defendant has joint possession of the item, they can still be held individually responsible for the offense. 5. Transitory Possession: This instruction may be used in cases where the defendant knowingly possesses an item for a short duration with the intent to transfer it to another person or dispose of it. Transitory possession is often invoked in cases involving drugs or stolen goods. 6. Possession with Intent to Distribute: This instruction specifically applies to cases where the prosecution alleges that the defendant possessed a controlled substance or illegal item with the intention to sell, distribute, or deliver it to others. Throughout a trial involving possession charges, the jury will be provided with relevant Maryland Jury Instruction — Possession, tailored to the specific circumstances of the case. These instructions play a vital role in ensuring that jurors have a clear understanding of the legal elements and requirements when deliberating the defendant's guilt or innocence.
Maryland Jury Instruction - Possession
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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.
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.
Find jury instructions in secondary sources First click on ?Secondary Sources? under the ?Content Types? tab on the main Westlaw Edge page. Then click on ?Jury Instructions?
After the closing arguments, the judge will give the jury its final instructions. Both sides may contest the content of those instructions because they can have an enormous effect on the jury's verdict. During deliberations, the jurors may have questions about the evidence or the instructions.
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.
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.
At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case from the differing versions presented by the parties at trial.
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.