7.4 Jury Consideration of Punishment.

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

7.4 Jury Consideration of Punishment is the process of determining a sentence that is appropriate for a defendant who has been found guilty by a jury or judge of a crime. It is the jury's responsibility to consider the severity of the crime, the defendant's prior criminal record, and any mitigating factors that may be applicable in order to determine a suitable punishment. There are several types of punishments that a jury may consider, including fines, jail time, probation, community service, restitution, or a combination of these. The jury must also make sure the punishment is proportional to the crime committed, taking into account the intent of the defendant, the harm caused, and any extenuating circumstances.

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FAQ

There are three elements of the duress defense: (1) an immediate threat of death or serious bodily injury, (2) a well-grounded fear that the threat will be carried out, and (3) no reasonable opportunity to escape the threatened harm. United States v. Shapiro, 669 F. 2d 593, 596 (9th Cir.

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. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.

The Judicial Council of California has adopted award-winning plain language civil and criminal jury instructions that accurately convey the law using language that is understandable to jurors.

Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. 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.

To show constructive possession, the government must prove a connection between the defendant and the firearm or ammunition sufficient "to support the inference that the defendant exercised dominion and control over" it. United States v. Carrasco, 257 F. 3d 1045, 1049 (9th Cir.

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You may not consider punishment in deciding whether the government has proved its case against the defendant beyond a reasonable doubt. (Michie, 1942) § 4919.We are pleased to provide an electronic copy of the criminal jury instructions presently in use for criminal trials. 4 Relationship With Jurors. ​​​​Jury Instructions 7th Edition - Full Manual ; 1. Introduction and General Information ; 2. Hawaiʻi Civil Jury Instructions. You must not single out one instruction alone as stating the law, but must consider the instructions as a whole. (D) Summary Jury Trials. This is an abbreviated trial with a jury in which the litigants present their evidence in an expedited fashion.

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7.4 Jury Consideration of Punishment.