Jury Instruction - RICO - Conspiracy Offense
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FAQ
Overt Acts This is because a RICO conspiracy is not a conspiracy to commit the alleged predicate acts; rather, a RICO conspiracy offense is a conspiracy to participate in the affairs of an enterprise through a pattern of racketeering activity.
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.
In order to beat a RICO charge, you will need an attorney who can challenge the prosecution's evidence enough to bring any of the elements above into question. At The Wiseman Law Firm, we will work diligently to either get your charges reduced or your case dismissed entirely.
A judgment notwithstanding the verdict (or JNOV) is an order by a judge after a jury has returned its verdict. The judge can overturn the jury's verdict if he or she feels it cannot reasonably be supported by the evidence or if it contradicts itself.
The RICO civil provisions contain five basic elements: injury, person, enterprise, pattern of racketeering activity, and interstate or foreign commerce.
A jury instruction is given by the judge to the jury to explain what is happening in the court, to explain the points of law relevant to the case, to explain certain aspects of the evidence presented and to assist the jurors in understanding their duties in reaching a verdict.
Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case.
The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence.The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury.
These are civil or criminal jury instructions approved by a state court, bench committee, or bar association. They are commonly used by courts in the relevant jurisdiction, as they ease the process of drafting fair jury instructions and theoretically do not have errors.