Santa Clara County, situated in California, follows specific jury instructions concerning controlled substances possession on United States vessels. These instructions aid in guiding juries during trials involving drug possession cases on boats or ships within US jurisdictions. One key type of Santa Clara California Jury Instruction — Controlled Substance— - Possession On United States Vessel is INTO No. 3750. This specific instruction is used to address the defense's claim that the controlled substance was not in the defendant's possession. It guides the jury on when they should consider an individual in possession of a drug on a US vessel. Another relevant instruction is INTO No. 3751, which deals with the element of knowledge. This instruction lays out the criteria for determining if the defendant knew about the presence of the controlled substance on the United States vessel and deliberately possessed it. INTO No. 3752 is an instruction that assists the jury in understanding the specific term "possession." It clarifies that possession can be either actual or constructive, ensuring that the jury comprehends the various forms of possession relevant to drug cases on US vessels. INTO No. 3753 is a crucial instruction that outlines the government's burden of proving possession beyond a reasonable doubt. It emphasizes that the prosecution must establish that the defendant exercised control or had the ability to control the controlled substance on the United States vessel. Furthermore, INTO No. 3754 provides the jury with information on the potential defenses available to the defendant. It explains that the defendant may argue that they were not aware of the drug's presence on the vessel or that they lacked the intent to possess it. Overall, Santa Clara California Jury Instruction — Controlled Substance— - Possession On United States Vessel comprises a comprehensive set of instructions that enable juries in Santa Clara County to effectively assess cases involving drug possession aboard US vessels.
Santa Clara California Jury Instruction - Controlled Substances - Possession On United States Vessel
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The defendant unlawfully possessed a controlled substance. The defendant knew of its presence. The defendant knew of the substance's nature or character as a controlled substance.
A general unanimity instruction informs the jury that the verdict must be unanimous, whereas a specific unanimity instruction indicates to the jury that they must be unanimous as to which specific act constitutes the offense charged. Commonwealth v.
California Penal Code Section 273.5 "(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony...." See PC 273.5(a).
The defendant must prove the following for the defense to work: he possessed a gun only for a momentary or a transitory period, he possessed the gun in order to dispose of it, and. he did not intend to prevent law enforcement officials from seizing the gun.
PC 422 prohibits threatening to harm or kill someone when the threat puts the victim in reasonable sustained fear for their safety or that of their loved ones. It should be noted the threat must involve inflicting a great bodily injury (GBI) or death to the victim, or their immediate family members.
No copyright is claimed to the text of the jury instructions, bench notes, authority, other Task Force and Advisory Committee commentary, or references to secondary sources. CITE THIS BOOK: Judicial Council of California Criminal Jury Instructions (2021 edition) Cite these instructions: CALCRIM No.
A death threat is a threat, often made anonymously, by one person or a group of people to kill another person or group of people. These threats are often designed to intimidate victims in order to manipulate their behaviour, in which case a death threat could be a form of coercion.
Momentary Possession The defendant possessed the controlled substance only for a momentary or transitory period; The defendant possessed the controlled substance in order to abandon, dispose of, or destroy it; AND. The defendant did not intend to prevent law enforcement officials from obtaining the controlled substance
For a criminal threats charge to hold, the victim must be in sustained fear2026which means it lasts for more than a moment.