Phoenix Arizona Jury Instruction - Lesser Included Offense

• Category: Federal - Jury Instructions - Special Instructions
• State: Multi-State
• City: Phoenix
• Control #: US-11CRS-10
• 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. Keywords: Phoenix Arizona, Jury Instruction, Lesser Included Offense, types Description: In Phoenix, Arizona, a jury instruction known as "Lesser Included Offense" is an important aspect of criminal trials. This instruction allows the jury to consider various degrees of a particular offense when deciding a defendant's guilt or innocence. By providing this instruction, the court acknowledges that a lesser offense might be committed in the process of committing a greater offense. There are several types of Lesser Included Offenses that can be considered in a Phoenix, Arizona trial. Here are some commonly used types: 1. Simple Assault: In cases where the primary charge is aggravated assault, the jury can be instructed to consider simple assault as a lesser offense. Simple assault involves intentionally causing physical injury to another person without any additional aggravating factors. 2. Petty Theft: If the main charge is grand theft, the jury may be instructed to consider petty theft as a lesser included offense. Petty theft typically involves the unlawful taking of property valued at a lower monetary amount. 3. Manslaughter: In cases where the defendant is charged with murder, the jury might be instructed to consider the offense of manslaughter as a lesser included offense. Manslaughter generally involves the unintentional killing of another person without malice aforethought. 4. Reckless Driving: When the primary charge is vehicular homicide, the jury can be instructed to consider reckless driving as a lesser included offense. Reckless driving usually refers to operating a motor vehicle in a manner that demonstrates a wanton disregard for the safety of others. The purpose of offering these different types of Phoenix Arizona Jury Instruction — Lesser Included Offense is to ensure that the jury has the option to convict the defendant of a lesser offense if they find the evidence does not support the greater offense. It provides the jurors with flexibility to reach a verdict based on the specific facts and circumstances presented during the trial. It is important to note that the inclusion of a Lesser Included Offense instruction is at the discretion of the judge, based on the evidence and arguments presented by both the prosecution and defense. The jury must carefully consider the instructions given by the court, along with the evidence and testimonies provided, in order to make an informed and just decision.

Keywords: Phoenix Arizona, Jury Instruction, Lesser Included Offense, types Description: In Phoenix, Arizona, a jury instruction known as "Lesser Included Offense" is an important aspect of criminal trials. This instruction allows the jury to consider various degrees of a particular offense when deciding a defendant's guilt or innocence. By providing this instruction, the court acknowledges that a lesser offense might be committed in the process of committing a greater offense. There are several types of Lesser Included Offenses that can be considered in a Phoenix, Arizona trial. Here are some commonly used types: 1. Simple Assault: In cases where the primary charge is aggravated assault, the jury can be instructed to consider simple assault as a lesser offense. Simple assault involves intentionally causing physical injury to another person without any additional aggravating factors. 2. Petty Theft: If the main charge is grand theft, the jury may be instructed to consider petty theft as a lesser included offense. Petty theft typically involves the unlawful taking of property valued at a lower monetary amount. 3. Manslaughter: In cases where the defendant is charged with murder, the jury might be instructed to consider the offense of manslaughter as a lesser included offense. Manslaughter generally involves the unintentional killing of another person without malice aforethought. 4. Reckless Driving: When the primary charge is vehicular homicide, the jury can be instructed to consider reckless driving as a lesser included offense. Reckless driving usually refers to operating a motor vehicle in a manner that demonstrates a wanton disregard for the safety of others. The purpose of offering these different types of Phoenix Arizona Jury Instruction — Lesser Included Offense is to ensure that the jury has the option to convict the defendant of a lesser offense if they find the evidence does not support the greater offense. It provides the jurors with flexibility to reach a verdict based on the specific facts and circumstances presented during the trial. It is important to note that the inclusion of a Lesser Included Offense instruction is at the discretion of the judge, based on the evidence and arguments presented by both the prosecution and defense. The jury must carefully consider the instructions given by the court, along with the evidence and testimonies provided, in order to make an informed and just decision.