Santa Clara California Jury Instruction - Mailing Obscene Material

• Category: Federal - Jury Instructions - Offenses Instructions
• State: Multi-State
• County: Santa Clara
• Control #: US-11CRO-43
• Format: Word; Rich Text

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. Santa Clara California Jury Instruction — Mailing Obscene Material is a legal guideline provided to the jury in cases where individuals are charged with sending or distributing material that is deemed obscene through the mail. The purpose of this instruction is to ensure that the jury understands the legal standards and principles that should guide their decision-making process. One key aspect covered in the Santa Clara California Jury Instruction — Mailing Obscene Material is the definition of obscenity. The instruction provides a detailed explanation of what constitutes obscene material, based on the prevailing legal standards in California. It encompasses materials that, when considered as a whole, appeal to the prurient interests, depict or describe sexual conduct in an offensive way, and lack serious literary, artistic, political, or scientific value. The instruction also instructs the jury on the necessary elements to consider when evaluating a case involving the mailing of obscene material. These include determining whether the accused intentionally sent or caused to be sent materials that are, in fact, obscene, and whether the materials were sent through the mail. Additionally, the instruction may provide different variations or types depending on specific circumstances or charges. Some potential variations of the Santa Clara California Jury Instruction — Mailing Obscene Material may include: 1. First-degree Mailing Obscene Material: This variation applies when the material mailed meets the criteria for obscenity and is deemed to have no redeeming value whatsoever. 2. Second-degree Mailing Obscene Material: This type takes into account the possibility that the material might have some limited value, such as literary or artistic merit. The jury would need to assess whether the material meets the overall criteria for obscenity while considering any potential value it may hold. 3. Enhanced Penalty Mailing Obscene Material: In certain cases, if specific aggravating factors are present, the instruction may include an enhanced penalty provision. For instance, mailing obscene material to minors or engaging in a pattern of mailing such material over a period of time might lead to increased penalties upon conviction. Overall, the Santa Clara California Jury Instruction — Mailing Obscene Material provides a comprehensive guide to the jury regarding the legal standards, elements, and specifications required to determine guilt or innocence in cases involving the mailing of obscene material. It is essential for the jury to carefully consider the instruction and apply it to the facts presented during the trial to reach a fair and just verdict.

Santa Clara California Jury Instruction — Mailing Obscene Material is a legal guideline provided to the jury in cases where individuals are charged with sending or distributing material that is deemed obscene through the mail. The purpose of this instruction is to ensure that the jury understands the legal standards and principles that should guide their decision-making process. One key aspect covered in the Santa Clara California Jury Instruction — Mailing Obscene Material is the definition of obscenity. The instruction provides a detailed explanation of what constitutes obscene material, based on the prevailing legal standards in California. It encompasses materials that, when considered as a whole, appeal to the prurient interests, depict or describe sexual conduct in an offensive way, and lack serious literary, artistic, political, or scientific value. The instruction also instructs the jury on the necessary elements to consider when evaluating a case involving the mailing of obscene material. These include determining whether the accused intentionally sent or caused to be sent materials that are, in fact, obscene, and whether the materials were sent through the mail. Additionally, the instruction may provide different variations or types depending on specific circumstances or charges. Some potential variations of the Santa Clara California Jury Instruction — Mailing Obscene Material may include: 1. First-degree Mailing Obscene Material: This variation applies when the material mailed meets the criteria for obscenity and is deemed to have no redeeming value whatsoever. 2. Second-degree Mailing Obscene Material: This type takes into account the possibility that the material might have some limited value, such as literary or artistic merit. The jury would need to assess whether the material meets the overall criteria for obscenity while considering any potential value it may hold. 3. Enhanced Penalty Mailing Obscene Material: In certain cases, if specific aggravating factors are present, the instruction may include an enhanced penalty provision. For instance, mailing obscene material to minors or engaging in a pattern of mailing such material over a period of time might lead to increased penalties upon conviction. Overall, the Santa Clara California Jury Instruction — Mailing Obscene Material provides a comprehensive guide to the jury regarding the legal standards, elements, and specifications required to determine guilt or innocence in cases involving the mailing of obscene material. It is essential for the jury to carefully consider the instruction and apply it to the facts presented during the trial to reach a fair and just verdict.