A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.
Title: Understanding Arkansas Instruction to Jury Regarding Conversion and Intent Introduction: In Arkansas law, conversion refers to the unauthorized or wrongful exercise of control over someone else's property, denying their rightful possession. Although intent is typically a crucial element in proving conversion, Arkansas recognizes specific circumstances where intent is not an essential component. This article explores the concept of intent in conversion cases and the corresponding instructions provided to the jury. Additionally, we will highlight different types of Arkansas instructions to the jury wherein intent is considered or disregarded. Keywords: Arkansas, instruction to jury, intent, essential element, conversion, types 1. Understanding Conversion in Arkansas: Conversion is defined as the unauthorized act of intentionally interfering with another person's property rights, leading to the deprivation of their right to possess or use the property. In most conversion cases, intent plays a crucial role in establishing liability. 2. The Role of Intent in Conversion Cases: Intent is generally considered an essential element when proving conversion. It involves a deliberate act or purposeful interference with another's property rights, showing the defendant's awareness of their actions and their wrongful nature. 3. Exceptions to Intend as an Essential Element: In Arkansas, certain situations exist where intent is not an essential element to establish conversion. These exceptions acknowledge instances where the defendant's intent may be lacking, but their actions still lead to the deprivation of another's property rights. The jury instructions for such scenarios vary and may include: a) Strict Liability Conversion Instructions: In cases involving strict liability conversion, the defendant's intent may not be considered. The focus lies primarily on establishing that the defendant committed the act of conversion, regardless of their intentions. b) Conversion by Mistake Instructions: When a defendant mistakenly takes or uses another person's property, the jury may be instructed that intent is not necessary for a finding of conversion. This can occur, for example, if someone mistakenly believes they have the right to possess the property. 4. The Arkansas Instruction to Jury that Intent is not an Essential Element of Conversion: When intent is not considered an essential element in a conversion case, the jury is provided with specific instructions by the presiding judge. These instructions emphasize that the defendant's intent is irrelevant to establish liability for conversion. Instead, the focus shifts to the wrongful act and whether the defendant's actions resulted in the deprivation of another's property rights. Conclusion: Arkansas law recognizes that intent is typically a fundamental component of conversion cases. However, in certain circumstances, intent may not be considered essential to establish liability. Understanding the different types of Arkansas instructions provided to the jury regarding intent in conversion cases is crucial for both legal professionals and those seeking a comprehensive understanding of conversion law in the state.
