Montana Jury Instruction - Controlled Substances - Unlawful Use Of Communications Facility
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Rule 51 governs instructions to the trial jury on the law that governs the verdict. A variety of other instructions cannot practicably be brought within Rule 51. Among these instructions are preliminary instructions to a venire, and cautionary or limiting instructions delivered in immediate response to events at trial.
Jury Instructions Title 21, United States Code, Section 841(a)(1) makes it a crime for a physician to knowingly or intentionally distribute or dispense a controlled substance unless it was done within the usual course of professional prac- tice and for a legitimate medical purpose.
Rule 402. General Admissibility of Relevant Evidence Relevant evidence is admissible unless any of the following provides otherwise: ? the United States Constitution; ? federal statute; ? these rules; or ? other rules prescribed by the Supreme Court. Irrelevant evidence is not admissible.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
The common law ? as interpreted by United States courts in the light of reason and experience ? governs a claim of privilege unless any of the following provides otherwise: the United States Constitution; a federal statute; or. rules prescribed by the Supreme Court.
Article IV of the Federal Rules of Evidence deals with relevancy, the fundamental concept underlying the admissi- bility of any evidence. Notwithstanding any other rules or considerations, an item of evidence is inadmissible unless it meets the test of relevancy.
Need for Personal Knowledge. A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony.