A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.
North Dakota Instruction to Jury that Intent is not an Essential Element of Conversion: In North Dakota, when it comes to the crime of conversion, it is important to note that intent is not considered an essential element. This means that a person can be found guilty of conversion without proving their intention to permanently deprive the owner of the property. Conversion is defined as the act of unlawfully exercising control or dominion over another person's property, which is in a manner inconsistent with the owner's rights. In this context, intent is not a requirement and does not need to be proven by the prosecution. The instruction to the jury in North Dakota regarding conversion emphasizes the absence of intent as an essential element. The jury is instructed to focus on the act of exercising control over the property without the owner's consent and in a way that violates their rights. The primary consideration is whether the defendant knowingly and without authorization treated the property as if it were their own. It is important to differentiate between conversion and theft, as intent becomes a crucial element in proving theft. While theft involves the intention to permanently deprive the owner of their property, conversion only requires the act of exercising control over the property disregarding the owner's rights. Types of North Dakota Instruction to Jury on Conversion: 1. Standard Jury Instruction: This instruction defines conversion, states that intent is not an essential element, and guides the jury to focus on whether the defendant knowingly controlled the property without authorization. 2. Instruction with specific circumstances: In some cases, the jury may receive additional instructions relating to specific circumstances of the conversion. These instructions may address scenarios where the defendant may claim they had a right to the property or mistakenly believed it was theirs. 3. Instruction in conjunction with other charges: Sometimes, conversion charges may be accompanied by other charges such as fraud or embezzlement. In such cases, the jury may receive multiple instructions that clarify the elements for each charge and how intent is relevant to those charges. By providing precise instructions to the jury regarding the absence of intent as an essential element in conversion cases, North Dakota ensures a fair and accurate evaluation of the defendant's actions. This approach allows for a broader consideration of unlawful control and dominion over property, without solely relying on the defendant's intentions.
