New York Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction The New York Jury Instruction — 3.3.1 Section 1 addresses the per se violation of conspiracy to fix prices, specifically focusing on the alternative rule of reason instruction. This instruction provides guidance to the jury on how to determine whether a defendant has engaged in anti-competitive practices related to price-fixing. In cases involving price-fixing conspiracy, there are two main categories of instructions that may be applicable: the per se violation instruction and the alternative rule of reason instruction. 1. Per Se Violation Instruction: The per se violation instruction is based on the legal principle that certain types of agreements or practices are inherently anti-competitive and, therefore, illegal under the federal antitrust laws. The jury is instructed to find the defendant guilty if they determine that the alleged price-fixing conspiracy falls within a category that has been recognized as a per se violation by the courts. This means that the agreement itself is considered illegal regardless of its effects on the market. 2. Alternative Rule of Reason Instruction: The alternative rule of reason instruction provides the jury with an alternative approach to evaluate the alleged price-fixing conspiracy. Instead of categorically finding the agreement illegal based on per se violation, this instruction applies a more nuanced analysis. Under the rule of reason, the jury is instructed to consider the specific circumstances, effects, and justifications of the alleged price-fixing conspiracy. This instruction allows for a more in-depth examination of factors such as market conditions, potential pro-competitive justifications, and any economic benefits that may arise from the agreement. The New York Jury Instruction — 3.3.1 Section 1 covers both the per se violation instruction and the alternative rule of reason instruction. It provides the necessary legal framework and guidelines for the jury to reach an informed decision regarding the alleged price-fixing conspiracy. The instruction aims to ensure the fair and accurate assessment of the defendant's actions, taking into account both legal principles and economic considerations. In summary, the New York Jury Instruction — 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices — Includes Alternative Rule of Reason Instruction, offers comprehensive guidance to juries in cases involving price-fixing conspiracy. It allows for an examination of both per se violations and alternative rule of reason analysis, ensuring a fair and thorough evaluation of the defendant's alleged anti-competitive practices.
New York Jury Instruction - 3.3.1 Section 1, Per Se Violation Conspiracy To Fix Prices - Includes Alternative Rule of Reason Instruction
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Reasonable doubt is legal terminology referring to insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. It is the traditional standard of proof that must be exceeded to secure a guilty verdict in a criminal case in a court of law.
When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.
The 'missing witness' instruction allows a jury to draw an unfavorable inference when a party fails to call a witness who would normally be expected to support that party's version of events (People v Savinon, 100 NY2d 192, 196 [2003]).
A hung jury is when the members of a jury are unable to reach a unanimous decision on whether or not the accused party is guilty beyond reasonable doubt. This occurs when there are opposing opinions among the jurors regarding the outcome of the case.
The Impact on Criminal Proceedings The requirement of proof beyond a reasonable doubt acts as a safeguard against wrongful convictions and ensures that the presumption of innocence is upheld. It places a heavy burden on the prosecution to present compelling and credible evidence, leaving no room for lingering doubts.
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).