A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.
Vermont Instruction to Jury that Intent is not an Essential Element of Conversion
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Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
Definition of Knowingly. The word "knowingly," as that term has been used from time to time in these instructions, means that the act was done voluntarily and intentionally and not because of mistake or accident.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
A complete criminal trial typically consists of six main phases: Choosing a jury. Opening statements. Witness testimony and cross-examination. Closing arguments. Jury instructions. Jury deliberation and verdict.
The judge instructs the jury that their vote must be unanimous and that, if found guilty, the boy will face the death penalty. Cut to the jury room where the story takes place. An anonymous vote is taken where all the jurors vote guilty, save one...
For a strict liability offense, the prosecution is not required to prove the defendant's criminal intent, only that the defendant did the act.
Morisette later sold them in a nearby town as scrap for $84. He was charged with knowing conversion of government property, a federal crime. Courts had established that the government has the power to regulate its property, and people who violate that right may be held strictly liable.