Phoenix Arizona Jury Instruction — Bank Robber— - Subsection (e) Only - Alleged In Separate Count In Phoenix, Arizona, the jury instruction for Bank Robbery — SubsectionDonnanl— - Alleged In Separate Count provides specific guidelines for the jury to consider in cases where bank robbery is the alleged offense, and it is charged under subsection (e) in a separate count. This instruction is crucial in ensuring a fair and just trial for both the prosecution and the defense. Key elements to consider in this jury instruction include: 1. Definitions: — The instruction clearly defines the elements of bank robbery under subsection (e). — It elaborates on the specific acts, such as entering a bank with the intent to commit theft, taking property belonging to another by force or violence, or instilling fear in the bank employees or customers. 2. Unlawful Intent: — The instruction highlights the importance of proving the defendant had the specific intent to commit a theft inside the bank, demonstrating a conscious decision to engage in unlawful activities. 3. Separate Count: — The instruction clarifies that bank robbery under subsection (e) is charged as a separate count, indicating that it is treated distinctively in the legal proceedings. 4. Burden of Proof: — The instruction emphasizes the prosecutor's responsibility to prove the defendant's guilt beyond a reasonable doubt. — It reminds the jury that the defendant is presumed innocent until proven guilty, placing the burden of proof on the prosecution. 5. Jury Deliberation: — The instruction guides the jurors on how they should evaluate the evidence presented in court, emphasizing the importance of impartiality, reason, and thorough examination. — It advises the jury to consider all the facts, witnesses' credibility, and any reasonable doubts before reaching a unanimous decision. Types of Phoenix Arizona Jury Instruction — Bank Robber— - Subsection (e) Only - Alleged In Separate Count may include: 1. Subsection (e) as a Lesser Offense: — This instruction might be involved if the prosecution argues that the evidence indicates a commission of a lesser offense under Subsection (e) rather than a more severe form of bank robbery. The jury would have to deliberate on the appropriate charge based on the evidence presented. 2. Subsection (e) as an Aggravating Factor: — In some cases, the prosecution may argue that the presence of Subsection (e) aggravates the seriousness of the bank robbery offense, implying a harsher penalty. This instruction would guide the jury in evaluating the relevance and impact of Subsection (e) in the overall context of the case. 3. Subsection (e) as an Independent Count: — Sometimes, the prosecution may believe that Subsection (e) constitutes a separate offense that stands independently of other counts or charges related to the bank robbery. In such cases, this instruction would aid the jury in considering the evidence only in relation to the specific allegations made under Subsection (e). Overall, the Phoenix Arizona Jury Instruction — Bank Robber— - Subsection (e) Only - Alleged In Separate Count plays a critical role in ensuring a fair trial by providing detailed guidance to the jury regarding the elements of the offense, burden of proof, and considerations specific to charges made under Subsection (e).