Pennsylvania Jury Instruction - Possession

• Category: Federal - Jury Instructions - Special Instructions
• State: Multi-State
• Control #: US-11CRS-6
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Pennsylvania Jury Instruction — Possession: A Comprehensive Overview In the legal context, possession is an essential element when it comes to establishing criminal liability. Pennsylvania jury instructions on possession aim to guide jurors in understanding the concept, its different forms, and how it relates to a particular criminal case. Below, we provide a detailed description of Pennsylvania Jury Instruction — Possession, highlighting various types of possession instructions. 1. Actual Possession: Actual possession refers to the direct physical control or immediate physical possession of an item or substance. Pennsylvania jury instructions often outline that actual possession occurs when the defendant has the item physically on their person, such as having a weapon or drugs in their hand or pocket. 2. Constructive Possession: Unlike actual possession, constructive possession involves having control or dominion over an item or substance indirectly. Pennsylvania jury instructions on constructive possession explain that the defendant may be deemed to possess an item even if it is not physically on their person. For example, if a weapon or drugs are found in the defendant's vehicle, home, or other property under their control, they can be charged with constructive possession. 3. Joint Possession: Joint possession comes into play when two or more individuals share control or dominion over an item or substance. Pennsylvania jury instructions may instruct jurors that joint possession exists when two or more individuals have the ability to exercise control over the item or substance. For instance, if drugs are found in a shared apartment, all individuals who have access to and control over the premises can be charged with joint possession. 4. Knowing Possession: Pennsylvania jury instructions on knowing possession emphasize that the defendant must have been aware of the presence and nature of the item or substance in their possession. It requires the prosecution to prove beyond a reasonable doubt that the defendant knowingly had control or dominion over the item or substance in question, regardless of the form of possession. 5. Exclusive Possession: Exclusive possession refers to situations where the defendant is the only individual having control or dominion over an item or substance. Pennsylvania jury instructions may focus on exclusive possession when determining accountability for a specific crime. For example, if drugs are found in a locked safe belonging solely to the defendant, exclusive possession may be a relevant instruction. 6. Temporary Possession: Pennsylvania jury instructions may also address temporary possession in certain cases. These instructions explain that temporary possession applies when the defendant only has control or dominion over an item or substance for a brief period, with no intention to exercise permanent control. This type of possession may arise in situations where the defendant borrows an item temporarily or possesses it briefly without intending to keep it. In conclusion, Pennsylvania Jury Instruction — Possession provides detailed guidance to jurors regarding the various forms and aspects of possession within the legal framework. Understanding the different types of possession, such as actual, constructive, joint, knowing, exclusive, and temporary possession, is crucial in correctly assessing a defendant's criminal liability. These instructions assist jurors in determining guilt or innocence based on the specific circumstances and evidence presented during a trial.