Michigan Jury Instruction - Controlled Substances - Continuing Criminal Enterprise
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FAQ
A jury will be instructed at trial in a case pursued on a principal theory that a principal must be treated as if he or she had done all the things the other person or persons did.
The prosecution must prove ?each material allegation? made against the defendant beyond a reasonable doubt. A reasonable doubt is ?not a mere possible doubt, a speculative, imaginary or forced doubt.? A reasonable doubt can ?arise from the evidence, conflict in the evidence, or the lack of evidence.?
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. Such a doubt must not influence you to return a verdict of not guilty if you have an abiding conviction of guilt.
Florida Standard Jury Instruction 3.6(k) provides as follows: An issue in this case is whether the defendant acted out of duress in committing the crime of ( crime charged). It is a defense to ( crime charged) if the defendant acted out of duress.
If after considering all of the evidence, including any evidence that another person committed the offense, you have a reasonable doubt that the defendant committed the offense, you must find the defendant not guilty. Motive is not an element of the crime charged and need not be proven by the prosecution.
Presumption of Innocence: The judge will instruct the jury that the defendant is presumed innocent until proven guilty beyond a reasonable doubt. They should not assume guilt but must consider all the evidence presented during the trial.
(3)?Here is your oath: ?Each of you do solemnly swear (or affirm) that, in this action now before the court, you will justly decide the questions submitted to you, that, unless you are discharged by the court from further deliberation, you will render a true verdict, and that you will render your verdict only on the ...