Nebraska Jury Instruction - Accomplice - Informer - Immunity
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FAQ
A motion in limine may seek to limit the testimony of a witness and restrict what they can testify about. For instance, the state may ask a judge to prevent the defense from asking the accuser in a sexual assault case about prior sexual experiences, unless a judge deems the information relevant.
Annotations. Under the "rule of completeness" in this section, a party is entitled to admit the entirety of an act, declaration, conversation, or writing when the other party admits a part and when the entirety is necessary to make it fully understood.
An accomplice witness may be convicted of criminal attempt even if the crime was neither committed nor attempted by another, so long as the purpose of their conduct is to aid another in commission of the offense and such assistance would have made them an accomplice if the offense were committed or attempted.
In a criminal case, the defendant is presumed to be innocent, and before (he)(she) may be found guilty, the People must prove (his)(her) guilt beyond a reasonable doubt. If the jury has a reasonable doubt, the defendant must be acquitted.
An accessory means providing assistance or aiding someone who has committed a criminal act without directly partaking in its commission; an accomplice actively joins their crime companion to commit it together.
An ?accomplice witness? is someone who is both a witness to a crime and an accomplice in that same crime; one who participates with the defendant before, during, or after the commission of the crime.
An accomplice is defined as a person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. An accomplice is criminally liable to the same extent as the principal.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
Key Takeaways. Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.