Contra Costa California Jury Instruction - Mailing Obscene Material

State:
Multi-State
County:
Contra Costa
Control #:
US-11CRO-43
Format:
Word; 
Rich Text
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Description

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. Contra Costa California Jury Instruction — Mailing Obscene Material In Contra Costa County, California, the jury instruction regarding the mailing of obscene material is an important component of the legal system. This instruction provides guidance to jurors on the legal elements that must be proven to establish a crime related to mailing obscene material. Mailing obscene material refers to the act of sending explicit and offensive material through the postal system, including letters, packages, or electronic communication. These materials typically involve sexually explicit images, videos, or written content that violates community standards and lacks serious literary, artistic, political, or scientific value. The Contra Costa California Jury Instructions outline the legal requirements for a conviction under this charge. To establish guilt, the prosecutor must prove the following elements beyond a reasonable doubt: 1. The defendant knowingly mailed or caused to be mailed the obscene material. 2. The material was obscene. 3. The obscene material was sent through the United States Postal Service or a private carrier. The first element requires the prosecutor to show that the defendant took intentional action in mailing the material or played a role in its mailing. This element can be satisfied even if the defendant did not physically mail the material themselves, as long as they had a part in the mailing process. The second element focuses on proving that the scent material meets the legal definition of obscenity. Obscene material is generally described as having a lascivious effect, highly offensive for an average person applying contemporary community standards, and lacking any serious societal value. The final element requires the prosecutor to establish that the obscene material was sent through the postal service or a private carrier, such as FedEx or UPS. This element is essential to distinguish this crime from other forms of dissemination, such as online sharing or hand-delivery. Different types of Contra Costa California Jury Instruction — Mailing Obscene Material may exist based on specific circumstances or variations in applicable laws. For example, the jury instruction could address situations involving the mailing of child pornography, which would carry additional severe penalties due to the involvement of minors. It is crucial for jurors to carefully examine the evidence presented during the trial and consider each element of the crime before making a determination of guilt or innocence. Their decision should reflect a fair application of the law and adherence to community standards. In summary, the Contra Costa California Jury Instruction — Mailing Obscene Material instructs jurors on the legal elements required to prove the crime of sending obscene material through the mail. By understanding these instructions, jurors can make informed decisions that uphold justice and protect the community from the distribution of offensive and harmful material.

Contra Costa California Jury Instruction — Mailing Obscene Material In Contra Costa County, California, the jury instruction regarding the mailing of obscene material is an important component of the legal system. This instruction provides guidance to jurors on the legal elements that must be proven to establish a crime related to mailing obscene material. Mailing obscene material refers to the act of sending explicit and offensive material through the postal system, including letters, packages, or electronic communication. These materials typically involve sexually explicit images, videos, or written content that violates community standards and lacks serious literary, artistic, political, or scientific value. The Contra Costa California Jury Instructions outline the legal requirements for a conviction under this charge. To establish guilt, the prosecutor must prove the following elements beyond a reasonable doubt: 1. The defendant knowingly mailed or caused to be mailed the obscene material. 2. The material was obscene. 3. The obscene material was sent through the United States Postal Service or a private carrier. The first element requires the prosecutor to show that the defendant took intentional action in mailing the material or played a role in its mailing. This element can be satisfied even if the defendant did not physically mail the material themselves, as long as they had a part in the mailing process. The second element focuses on proving that the scent material meets the legal definition of obscenity. Obscene material is generally described as having a lascivious effect, highly offensive for an average person applying contemporary community standards, and lacking any serious societal value. The final element requires the prosecutor to establish that the obscene material was sent through the postal service or a private carrier, such as FedEx or UPS. This element is essential to distinguish this crime from other forms of dissemination, such as online sharing or hand-delivery. Different types of Contra Costa California Jury Instruction — Mailing Obscene Material may exist based on specific circumstances or variations in applicable laws. For example, the jury instruction could address situations involving the mailing of child pornography, which would carry additional severe penalties due to the involvement of minors. It is crucial for jurors to carefully examine the evidence presented during the trial and consider each element of the crime before making a determination of guilt or innocence. Their decision should reflect a fair application of the law and adherence to community standards. In summary, the Contra Costa California Jury Instruction — Mailing Obscene Material instructs jurors on the legal elements required to prove the crime of sending obscene material through the mail. By understanding these instructions, jurors can make informed decisions that uphold justice and protect the community from the distribution of offensive and harmful material.

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Contra Costa California Jury Instruction - Mailing Obscene Material