Hawaii Jury Instruction — Pinkerton Instruction refers to a legal instruction provided to the jury in a criminal trial in the state of Hawaii. The Pinkerton instruction derives its name from the landmark United States Supreme Court case Pinkerton v. United States. The Pinkerton instruction is used when a defendant is charged with both a substantive offense and a conspiracy offense. It allows the jury to hold the defendant responsible for the substantive offense committed by a co-conspirator, even if the defendant did not personally participate or have knowledge of the specific act. This instruction is based on the theory that a co-conspirator can be held responsible for the reasonably foreseeable acts committed in furtherance of the conspiracy. There are different types of Hawaii Jury Instruction — Pinkerton Instruction that may be given, depending on the specific circumstances of the case. Here are some possible variations: 1. Standard Pinkerton Instruction: This is the basic form of the Pinkerton instruction. It informs the jury that they can find the defendant guilty of the substantive offense if they find that the offense was committed by a co-conspirator and was reasonably foreseeable in furtherance of the conspiracy. 2. Limiting Pinkerton Instruction: This instruction is given when the court wants to limit the jury's use of the Pinkerton theory to specific circumstances. It may clarify that the jury should only consider the Pinkerton theory if they find that the defendant was a member of the conspiracy and that the substantive offense was committed in furtherance of the conspiracy. 3. Multiple Pinkerton Instructions: In complex cases involving multiple co-conspirators and multiple substantive offenses, the court may issue multiple Pinkerton instructions. These instructions would inform the jury about each specific charge and the corresponding co-conspirators involved. It is important to note that the use of Pinkerton Instruction is subject to certain legal requirements and limitations. The court must determine if the evidence presented in the trial establishes the existence of a conspiracy and the defendant's membership in it. Additionally, the jury must evaluate the sufficiency and credibility of the evidence before applying the Pinkerton instruction. Overall, the Hawaii Jury Instruction — Pinkerton Instruction is a critical part of the jury's decision-making process in criminal cases involving both conspiracy and substantive offenses. It empowers the jury to attribute liability to a defendant for acts reasonably foreseeable and committed by co-conspirators.
Hawaii Jury Instruction - Pinkerton Instruction
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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.
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.
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.
The judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
Thus, preliminary instructions should cover the statutory requirements, set forth the basic and important legal principles that a jury needs to know, attempt to explain to jurors things they will see and hear during a trial that might otherwise puzzle them, and try to assure jurors that rulings on objections and the ...