Hawaii Jury Instruction - Carrying - Using Firearm or Weapon In Relation to Drug Trafficking Offense or Crime of Violence

• Category: Federal - Jury Instructions - Offenses Instructions
• State: Multi-State
• Control #: US-11CRO-31
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Hawaii Jury Instruction Carryingin— - Using Firearm or Weapon In Relation to Drug Trafficking Offense or Crime of Violence: Types and Detailed Description When it comes to cases involving drug trafficking offenses or crimes of violence in Hawaii, specific jury instructions are provided to guide the jurors in understanding the implications of carrying or using a firearm or weapon. These instructions are crucial in ensuring a fair trial and accurate decision-making. Below, we'll discuss the various types of Hawaii Jury Instructions related to carrying and using a firearm or weapon in relation to drug trafficking offenses or crimes of violence. 1. Hawaii Jury Instruction — Carrying a Firearm or Weapon: This instruction focuses on the act of physically possessing or having control over a firearm or weapon during the commission of a drug trafficking offense or crime of violence. It informs the jury that the defendant's possession of the firearm or weapon is an essential element of the offense. 2. Hawaii Jury Instruction — Using a Firearm or Weapon: This instruction goes beyond mere possession and emphasizes the active utilization or employment of a firearm or weapon during the commission of a drug trafficking offense or crime of violence. The jury is instructed to consider the defendant's actions involving the firearm or weapon, such as firing, brandishing, or pointing it, as evidence of guilt or intent. 3. Hawaii Jury Instruction — Relationship Between Firearm or Weapon and Drug Trafficking Offense: This instruction delves specifically into the connection between drug trafficking and the presence of a firearm or weapon. It outlines that the firearm or weapon need not be directly related to the primary objective of drug trafficking but rather present during its occurrence. The intensity of this connection is established by the specific circumstances of the case. 4. Hawaii Jury Instruction — Relationship Between Firearm or Weapon and Crime of Violence: Unlike the previous type, this instruction pertains to crimes of violence and highlights the correlation between the offense and the presence of a firearm or weapon. It clarifies that the weapon does not need to be directly involved in the violent act but its mere possession during the commission of the crime enhances the severity and potential danger associated with the offense. The above Hawaii Jury Instructions aid in providing clarity to the jurors regarding the elements, requirements, and implications of carrying or using a firearm or weapon in relation to drug trafficking offenses or crimes of violence. By following these instructions, the jurors can accurately consider the evidence presented and make informed decisions about the defendant's guilt or innocence.