8.98 Unlawfully Accessing Nonpublic Computer Used by the Government xxx (18 U.S.C. Sec. 1030(a)(3))
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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.
What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.
Another example of a curative instruction is when the judge tells the jury to disregard certain evidence or consider it for specific purposes only. This is called a cautionary instruction and is meant to prevent the evidence from unfairly influencing the jury's decision.
(18 U.S.C. § 1519) The government need not prove that the defendant's sole or even primary intention was to obstruct justice so long as the government proves beyond a reasonable doubt that one of the defendant's intentions was to obstruct justice. The defendant's intention to obstruct justice must be substantial.
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.
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
During trial, the court may need to give the jury limiting instructions, advising the jury that evidence is being admitted only for a limited purpose. Or the court may give the jury a curative instruction to correct some error during trial.
