North Carolina Jury Instruction — Possession refers to the legal guidelines provided to juries in North Carolina when determining a defendant's guilt or innocence related to possession charges. Possession charges typically revolve around the control or ownership of illegal substances or other prohibited items. These instructions help juries understand the necessary elements and circumstances that must be proved beyond a reasonable doubt in possession cases. Keywords: North Carolina, jury instruction, possession, legal guidelines, defendant, guilt, innocence, possession charges, control, ownership, illegal substances, prohibited items, elements, circumstances, proved beyond a reasonable doubt. Different types of North Carolina Jury Instruction — Possession include: 1. Simple Possession: This instruction guides the jury when the defendant is charged with knowingly and intentionally possessing a prohibited substance or item without authorization or legal justification. The instruction may define the term "knowingly and intentionally" and explain the significance of proving the defendant's awareness and intent. 2. Constructive Possession: This instruction assists the jury in cases where the defendant is not in direct physical possession of the prohibited substance or item but has control over the area where it is found. It explains the concept of "dominion and control" and provides guidelines for determining if the defendant possessed the illegal substance constructively. 3. Possession with Intent to Sell/Deliver: This type of instruction addresses cases involving the defendant's alleged possession of a controlled substance with the intention to sell or distribute it. It outlines the elements the prosecution must establish, such as proving the defendant's intent to sell or deliver the substance and providing evidence of actions consistent with such intent. 4. Joint Possession: Joint possession instructions are used when multiple individuals are accused of possessing the same illegal substance or item. This instruction clarifies that more than one person can possess an object simultaneously and guides the jury in determining the degree of each defendant's involvement and knowledge of the possession. 5. Possession as a Lesser Included Offense: This instruction comes into play when the prosecution charges the defendant with a greater offense but allows the jury to consider convicting the defendant of the lesser offense of possession. It provides guidelines for the jury on how to assess the evidence and determine if the defendant is guilty of possession as an alternative to the primary charge. These various types of North Carolina Jury Instructions — Possession help ensure that juries have a clear understanding of the relevant legal principles to make informed decisions when evaluating possession charges against defendants.
North Carolina Jury Instruction - Possession
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After a jury is selected, a trial will generally follow this order of events: Opening Statement: ... Presentation of Evidence: ... Rulings by the Judge: ... Instructions to the Jury: ... Closing Arguments: ... Deliberation:
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 issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
Whether a case is criminal or civil (a lawsuit seeking money compensation), there are six major phases: Jury Selection, Opening Statements, Testimony and Evidence, Closing Arguments, Jury Instructions, and Deliberation and Verdict.
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.
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 reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.