Virgin Islands Jury Instruction - Possession

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US-11CRS-6
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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.

The Virgin Islands Jury Instruction — Possession is a legal guideline provided to juries in the United States Virgin Islands regarding the concept of possession in criminal cases. This instruction aims to educate the jury on the various elements and considerations related to possession charges. Possession in criminal law refers to the act of having physical control or dominion over an item, substance, or property that is considered illegal, prohibited, or associated with criminal activities. The Virgin Islands Jury Instruction — Possession breaks down the key aspects that the jury needs to understand when evaluating a possession offense. One type of the Virgin Islands Jury Instruction — Possession focuses on "Actual Possession." This instructs the jury that actual possession is established when a person has direct physical control or custody over the prohibited item. In this case, the defendant's physical contact with the item in question is evident. Another type of instruction is "Constructive Possession," where the prosecution argues that the defendant had the intention and ability to control the prohibited item, even if they did not have immediate physical control. This instruction aims to guide the jury in understanding that possession can be established through knowledge, intent, and control, rather than direct physical contact. The Virgin Islands Jury Instruction — Possession also commonly addresses the concept of "Joint Possession." This instruction occurs when multiple individuals share control and custody of the prohibited item. It educates the jury on how joint possession is evaluated in terms of knowledge and control, requiring the prosecution to establish each individual's involvement and intention to exercise control over the items in question. Moreover, the instruction may provide guidelines on the "Circumstantial Evidence" related to possession charges. Circumstantial evidence relies on indirect facts and observations to establish the defendant's possession. This instruction helps the jury understand how they can evaluate the evidence presented and draw reasonable inferences to determine whether the defendant had possession of the prohibited item. The Virgin Islands Jury Instruction — Possession is crucial during criminal trials as it helps ensure a fair and accurate assessment of the defendant's guilt or innocence. By providing clear and concise explanations of possession and its various forms, this instruction enables the jury to make informed decisions based on the evidence presented in court.

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PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.

Mere presence at the scene of a crime or mere knowledge that a crime is being committed is not sufficient to establish that the defendant committed the crime of [specify crime charged]. The defendant must be a participant and not merely a knowing spectator.

Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.

If the jury is allowed to separate (leave the courthouse) during deliberation, the judge will have the jury come to the box and will instruct them regarding the separation. In a criminal case, the bailiff should check with the judge about whether the defendant should be present.

Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.

At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case from the differing versions presented by the parties at trial.

Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.

After the closing arguments, the judge will give the jury its final instructions. Both sides may contest the content of those instructions because they can have an enormous effect on the jury's verdict. During deliberations, the jurors may have questions about the evidence or the instructions.

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Virgin Islands Jury Instruction - Possession