California Jury Instruction - Interference With Commerce By Extortion - Hobbs Act - Racketeering - Force Or Threats Of Force
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FAQ
CALCRIM number 224 states that, ?before your may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the evidence is that defendant is guilty.
?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.
In California, the statute of limitations for extortion is five years if it is charged as a felony or two years if it is charged as a misdemeanor.
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 ...
California Code, Evidence Code - EVID § 115 ?Burden of proof? means the obligation of a party to establish by evidence a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.
As set forth in Penal Code 518 PC, ?extortion? means: ?[T]the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.?
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."
California Jury Instructions ? Attempted Extortion To convict you under §524, the People must prove beyond a reasonable doubt that you took a direct (but unsuccessful) step toward committing a crime. They must also prove you intended to commit it.