Contra Costa California Jury Instruction — Interstate Transportation of Obscene Material — By Common Carrier This jury instruction pertains to cases involving the interstate transportation of obscene material using a common carrier in Contra Costa County, California. The instruction informs the jury about the legal elements and requirements for determining guilt or innocence in such cases. Here is a detailed description of the instruction with relevant keywords: 1. Overview of the Offense: The instruction delineates the specific offense charged, which involves the interstate transportation of obscene material. It highlights the importance of the material being transported through a common carrier such as a trucking company, airline, or shipping service. 2. Elements of the Offense: The jury instruction identifies the essential elements that the prosecution must establish beyond a reasonable doubt in a conviction. Keywords might include: — Interstate Transportation: The material must have crossed state lines during its transportation. — Obscene Material: The instruction defines what constitutes obscene material under state or federal law, emphasizing the legal definition and its consequences. — Common Carrier: The material must have been shipped, transported, or delivered using a common carrier. This term is clarified for the jury's understanding. 3. Mental State: The instruction specifies the required mental state for a conviction. Keywords related to this could include: — Knowingly or Willfully: The prosecution must demonstrate that the defendant knowingly or willfully transported obscene material across state lines using a common carrier, without any legal justification or excuse. 4. Defenses: The jury instruction outlines potential defenses that the defendant may raise to rebut the prosecution's case. Relevant keywords may include: — Legitimate Purpose: A defendant may contend that the transportation of material had a legitimate purpose that falls outside the realm of obscenity laws. — Lack of Knowledge: The defendant might argue that they were unaware of the material's content or that it was not obscene. 5. Enhanced Penalties: The instruction may mention any enhanced penalties associated with the offense, such as prior convictions or involvement with organized criminal activity during the transportation of obscene material. Different Types of Contra Costa California Jury Instruction — Interstate Transportation of Obscene Material — By Common Carrier: While there may not be different "types" of this specific jury instruction, variations may occur based on factors such as the specific statutes, case law, or specific legal terms that need to be incorporated. This instruction may be modified to match the circumstances of the case or reflect changes in relevant laws or legal interpretations. In conclusion, the Contra Costa California jury instruction regarding the interstate transportation of obscene material by common carrier helps the jury understand the legal elements involved in determining guilt or innocence. It provides clarity on the offense, necessary mental state, potential defenses, and any enhanced penalties associated with the crime.
Contra Costa California Jury Instruction - Interstate Transportation Of Obscene Material - By Common Carrier
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Common carriers include buses, trucks, and taxicabs. Common carriers serve upon reasonable demand by all who seek their services; are held to a high standard of care for the persons and properties entrusted to them; and are limited to incidental damages for breach of duty.
Common carriers provide for-hire truck transportation to the general public. Common carriers must file both liability (BI & PD) insurance and cargo insurance. Contract carriers provide for-hire truck transportation to specific, individual shippers, based on contracts.
Common carrier means a person holding itself out to the general public to provide transportation for compensation. Contract carrier means a person providing transportation for compensation under continuing agreements with one person or a limited number of persons. Government rate tender under 49 U.S.C.
Generally, a common carrier is one that must provide its services to anyone willing to pay its fees unless it has good grounds to refuse. States may require common carriers to obtain a permit before they can operate legally.
The Judicial Council of California has adopted award-winning plain language civil and criminal jury instructions that accurately convey the law using language that is understandable to jurors.
A common carrier is a person or a commercial enterprise that transports passengers or goods for a fee and establishes that their service is open to the general public.
Article 1732 of the Civil Code defines a common carrier as "(a) person, corporation or firm, or association engaged in the business of carrying or transporting passengers or goods or both, by land, water or air, for compensation, offering their services to the public." The test to determine a common carrier is "
Typical examples of common carriers include, a shipowner, railroad, airline, taxi service, etc. A private carrier, on the other hand, is a person or a commercial enterprise that only agrees in particular circumstances to transport passengers or goods.
SInce Uber drivers are common carriers in California, the law holds them to a higher standard. They must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.
Common carriers include buses, cruise ships, trains, taxis, and planes. In California, elevators, ski lift, escalator and amusement parks may be considered as common carriers.
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The Miami Herald-Tribune August 1, 2010, A lawyer for one of three women who say she was assaulted in a Miami Beach parking garage says she is considering filing an insanity defense instead of criminally charging the ex-convict who attacked her. The attorney, Kristina R. Brown, of Miami, said she discussed with prosecutors the idea of pleading not guilty, including by invoking Florida's so-called “doxastic insanity” defense. “The decision was made that they should proceed with the charges and go to trial,” said Brown, a lawyer who specializes in representing defendants with mental health problems. Brown said she's been unable to reach a court-appointed psychiatrist, who will determine whether the assault case against her client, Anthony G. Commas, will go to trial. Brown said Commas is suffering from a severe mental illness and will be given a second opinion before court proceedings at the courthouse begin.
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