Arkansas Jury Instruction - Lesser Included Offense
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FAQ
"A defendant is entitled to an instruction on a lesser-included offense if the law and evidence satisfy a two-part test: 1) 'the elements of the lesser offense are a subset of the elements of the charged offense.
Elements Test The court will consider only the definitions of each crime, instead of the facts in the evidence or the charging document. A crime will be a lesser included offense of another crime only if the second crime includes every element of the first crime, in addition to at least one other element.
Lesser-legal-wrong: when you do one crime you are responsible for all of the consequences ? understandable. Lesser-moral-wrong: underlying wrong isn't illegal.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
Also known as lesser included offense. A crime that is necessarily committed in carrying out a greater crime because the greater crime contains all of the elements of the lesser crime.
A lesser included offense in the field of criminal law is a less serious crime that is necessarily committed during the perpetration of a greater crime because the lesser crime contains some of the same elements of the greater crime.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
An individual may be excused if the judge finds that either the juror's health or family responsibilities reasonably require his or her absence. The law does not allow a juror to be excused because of occupation or employment. A request must state the nature of your conflict or hardship.