Connecticut Jury Instruction - Kidnapping
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How to fill out Jury Instruction - Kidnapping?
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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.
Not all circuits have published jury instructions: the Second and Fourth Circuits do not. The United States Court of Appeals for the Federal Circuit is a unique court in that it has nationwide jurisdiction in a variety of subject areas. Appeals are heard by panels comprised of three judges.
Under 18 USC 1201, a person is guilty of kidnapping who "unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person."
Kidnaping involves the abduction of another person. Connecticut General Statutes § 53a-91(2) defines abduction as restraining someone with the intent to prevent their liberation by either secreting or holding them in a place where they are not likely to be found or threatening to use physical force or intimidation.
The crime of kidnapping requires a prosecutor to prove the following elements: The defendant took, held, or detained another person by force or by instilling fear in that other person. Using force or fear, the defendant moved the other person a substantial distance. This was done without the other person's consent.
Model Jury Instruction - A form jury instruction usually approved by a state bar association or similar group regarding matters arising in a typical case. Courts usually accept model jury instructions as authoritative.
States treat all kidnapping offenses as serious crimes. At the minimum, people convicted of this offense will likely face custody in state prison for up to five years. Aggravated kidnapping convictions can result in a prison sentence of between 20 years to life.
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.
(a) A person is guilty of kidnapping in the first degree when he abducts another person and: (1) His intent is to compel a third person (A) to pay or deliver money or property as ransom or (B) to engage in other particular conduct or to refrain from engaging in particular conduct; or (2) he restrains the person ...