California Jury Instruction - Corruptly Influencing A Juror
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FAQ
CACI (Pronounced "Casey") is the name of the Judicial Council of California Civil Jury Instructions, the official civil jury instructions and verdict forms approved by the council on July 16, 2003. "CACI" means "California Civil Instructions."
The burden of proof may require a party to raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt.
Instruction 103 on Reasonable Doubt states that ?Whenever I tell you the People must prove something, I mean they must prove it beyond a reasonable doubt [unless I specifically tell you otherwise].? Thus, when the concept of reasonable doubt is explained and defined, the jury is told that it is the standard that ...
CALCRIM 2689 Jury Instructions describes the factors needed to prove disturb the peace with loud and unreasonable noise. It has to be proven the noise was used to maliciously disturb someone in public, presented a danger of immediate violence, or the noise was used on purpose to disrupt a lawful activity.
California Civil Jury Instruction 3113 addresses recklessness as a high probability that a person's conduct would cause harm, and he or she knowingly disregarded this risk.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
Scott requested the court give CACI No. 413 which states: "You may consider customs or practices in the community in deciding whether defendant acted reasonably. Customs and practices do not necessarily determine what a reasonable person would have done in defendant's situation.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."