Kansas Jury Instruction - On or about - Knowingly - Only When Willfulness or Specific Intent is Not an Element

• Category: Federal - Jury Instructions - Basic Criminal Claim Instructions
• State: Multi-State
• Control #: US-11CR-9-2
• 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.

Kansas Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element: The Kansas jury instruction regarding the legal standard of "On or about Knowinggl— - Only When Willfulness or Specific Intent is Not an Element" provides guidance to jurors in criminal proceedings when the prosecution does not have to prove willfulness or specific intent for a particular offense. This instruction is used in cases where knowledge of a fact or circumstance is sufficient for a conviction, even if the defendant did not have the intent to commit the offense. In Kansas criminal law, the phrase "on or about" is often used to refer to a flexible time frame surrounding the commission of an alleged offense. It indicates that the evidence presented in the case does not require pinpoint accuracy regarding the exact date or time when the offense occurred. A conviction may be based on evidence that establishes the offense was committed within a reasonable range of time before or after the specified date. The term "knowingly" is a critical element in many criminal statutes. It signifies that the defendant was aware of the nature of their actions or conduct, as well as the possible consequences. However, when willfulness or specific intent is not an essential element, the prosecution is not required to prove that the defendant acted with a deliberate intent to commit the offense. This type of jury instruction is commonly given in crimes involving strict liability or offenses where the legislature explicitly states that willfulness or specific intent is not a necessary element. For instance, in certain drug possession cases, the defendant may be found guilty if they knowingly possessed the controlled substance, irrespective of their intent to distribute or sell it. The Kansas Jury Instruction Aboutou— - Knowingly - Only When Willfulness or Specific Intent is Not an Element ensures that jurors comprehend the legal nuances surrounding these types of offenses. It emphasizes that the prosecution can secure a conviction by sufficiently proving that the defendant knowingly engaged in the prohibited conduct, even if the intent or willfulness to commit the offense is absent. Variations of this jury instruction may include specific types of offenses, such as drug possession, statutory rape, or traffic violations, where proving willfulness or specific intent is not required. Each variant contains tailored language and elements that correspond to the particular crime charged. It is essential for jurors to carefully consider the specific instruction given by the judge in their case to ensure a fair and accurate evaluation of the evidence presented. Keywords: Kansas jury instruction, on or about, knowingly, willfulness, specific intent, criminal proceedings, legal standard, offense, evidence, date, time, reasonable range, conduct, consequences, strict liability, drug possession, controlled substance, distribute, sell, intent, prohibited conduct, offense element, variations, statutory rape, traffic violation, judge, fair evaluation, evidence.