New Jersey Jury Instruction — Possession: A Detailed Description In New Jersey, when a criminal case involves the accusation of possession, the judge provides the jury with specific instructions to guide them in understanding the legal aspects of possession charges. These New Jersey Jury Instructions — Possession, define possession, explain the elements required to establish possession, and outline the various types of possession that may be applicable in different scenarios. Possession is the act of having physical control or dominion over an item or substance. However, it is essential to understand that possession can be either actual or constructive. Actual possession refers to having physical control over the item, such as holding it in one's hand or having it in one's pocket. Constructive possession, on the other hand, refers to having the ability and intent to exercise control over the item despite not physically possessing it. For example, having a key to a locked container may establish constructive possession of its contents. When it comes to determining possession, the jury is instructed to consider the following elements: knowledge, intent, and control. Knowledge refers to being aware of the presence of the item in question. Intent refers to the purpose or state of mind associated with possessing the item, typically related to its use or control. Control refers to the ability to physically possess, manipulate, or dispose of the item. New Jersey Jury Instruction — Possession Different Types: 1. Actual Possession: This type of possession occurs when a person has physical control over the item or substance, typically by having it on their person or within their immediate reach. It is the most straightforward form of possession. 2. Constructive Possession: This form of possession occurs when a person does not have physical control over the item, but has the ability and intent to exercise control over it. Factors such as proximity to the item, association with others possessing it, and knowledge of its presence may establish constructive possession. 3. Joint Possession: Joint possession refers to a situation where multiple individuals share control or dominion over an item or substance. It may be relevant in cases involving multiple defendants or situations where multiple people have access to and control over the same object. 4. Knowing Possession: This type of possession emphasizes the knowledge aspect, requiring the defendant to be aware of the existence and nature of the item or substance they possess. It includes cases where the defendant may not have physical control or immediate proximity to the item but is aware of its presence. In summary, New Jersey Jury Instruction — Possession provides the jury with a comprehensive understanding of the concept of possession and its various types. The instructions outline the essential elements of possession, such as knowledge, intent, and control, allowing the jury to make an informed decision based on the evidence presented during the trial. Understanding these instructions is crucial for both the prosecution and defense in building their case and presenting compelling arguments.
New Jersey Jury Instruction - Possession
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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.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
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.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented 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.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.