Salt Lake Utah Jury Instruction - Counterfeit - Possession with Intent to Defraud

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Multi-State
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Salt Lake
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US-11CRO-13-1
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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.

Salt Lake Utah Jury Instruction Counterfeitei— - Possession with Intent to Defraud is a specific legal instruction given to jurors in Salt Lake, Utah, who are tasked with deciding a case involving possession of counterfeit items with the intention to deceive or defraud others. This jury instruction aims to provide clarity and guidance to the jury members in understanding the legal elements and considerations of this offense. Counterfeit — Possession with Intent to Defraud is a serious offense under Utah law. It involves the possession of counterfeit items, such as counterfeit money, goods, or documents, with the intention to deceive others for personal gain. This offense is considered a form of fraud and is subject to legal penalties if proven beyond a reasonable doubt. The Salt Lake Utah Jury Instruction Counterfeitei— - Possession with Intent to Defraud is designed to inform jurors about the specific elements necessary to establish guilt in such cases. It typically covers the following key points: 1. Definition of Counterfeit: The instruction would define what constitutes a counterfeit item, such as counterfeit money, goods, or documents, that bear false or unauthorized markings or attributes. 2. Possession: The instruction would explain that the accused individual must have had actual or constructive possession of the counterfeit item to be found guilty. Actual possession means having physical control over the item, while constructive possession refers to having the ability to exercise control over the item, even if not physically present. 3. Intent to Defraud: The instruction would emphasize that the prosecution must prove that the accused had the specific intent to deceive or defraud others by possessing the counterfeit items. Intent can be established through circumstantial evidence, such as the accused's actions or statements. 4. Knowledge of Counterfeit: The instruction would address the requirement that the accused person knew or had reason to believe that the items in their possession were counterfeit. This element is crucial to differentiate unintentional possession from intentional possession with the intent to defraud. The Salt Lake Utah Jury Instruction Counterfeitei— - Possession with Intent to Defraud may also include variations or additional instructions based on the specifics of the case, such as variations in the types of counterfeit items involved (e.g., counterfeit currency, counterfeit luxury goods) or different legal standards for establishing possession and intent to defraud. Overall, this jury instruction serves as a comprehensive guide for jurors to understand the legal considerations associated with such cases and make an informed decision regarding the guilt or innocence of the accused individual in Salt Lake, Utah.

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A person summoned for jury service who fails to appear or to complete jury service as directed shall be in contempt of court and subject to a fine not to exceed $500.00 or by incarceration for thirty days or both, pursuant to Utah Code Annotated 78B-1-115 and 78B-6-310.

Avoiding it, however, is ill advised: you cannot simply refuse and it is a criminal offence to not answer a jury summons without reasonable cause. You may, however, be able to defer (or possibly be excused) if you've served in the last two years or have a good reason.

Current Utah law sets the compensation level for jurors at $18.50 for the first day and $49 for each subsequent day of service. Some employers are willing to pay their workers at the normal rate during jury service, and the workers then turn the state compensation amount over to the employer.

In terms of the Jury Amendment Act 2010, you may have 'good cause' to be excused if: jury service would cause undue hardship or serious inconvenience to you or your family. you have a disability that makes you unsuitable or incapable of effectively serving as a juror, without reasonable accommodation.

A prospective juror who fails to appear may be found guilty of contempt, which may be punishable by a fine of up to $1,000, and imprisonment for up to 30 days, or both. However, a justice court judge or court commissioner may punish contempt by a fine of up to $500 or imprisonment of up to 5 days, or both.

A prospective juror may be granted excused from jury service upon a showing: of undue hardship; or that the individual is incapable of jury service; or out of public necessity. Excuse may be requested by affidavit, sworn testimony, or other competent evidence and granted for a period of time that the conditions exist.

Everyone is inconvenienced to some degree by jury service, but for the system to work, people from all walks of life must be willing to serve. Those who refuse to complete the juror questionnaire or refuse to appear when called to serve are subject to fines and jail time for contempt of court.

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We are pleased to provide an electronic copy of the criminal jury instructions presently in use for criminal trials. Get free access to the complete judgment in U.S. v.Felony of possession of narcotics with intent to distribute. Items 34 - 42 — indictment and information forms and jury instructions.

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Salt Lake Utah Jury Instruction - Counterfeit - Possession with Intent to Defraud