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.
New Hampshire Instruction to Jury that Intent is not an Essential Element of Conversion: In the state of New Hampshire, conversion refers to the act of wrongfully taking or retaining someone else's property, which can include money, goods, or even rights. Unlike in some jurisdictions, New Hampshire recognizes that intent is not an essential element of the offense of conversion. This means that regardless of the defendant's intent, if they wrongfully take or retain someone else's property without legal justification, they can still be held liable for conversion. The absence of intent does not excuse the act, as the focus is on the wrongful actions rather than the defendant's state of mind. New Hampshire Instruction to Jury on Conversion: 1. Lack of Intent as a Defense: This instruction clarifies that conversion charges in New Hampshire do not require proof of intent. It guides the jury to consider the factual elements of the case, such as the wrongful taking or retention of property, rather than the defendant's intentions. 2. Elements of Conversion: This instruction outlines the elements that need to be proven beyond a reasonable doubt in a conversion conviction. It emphasizes that the focus is on the defendant's actions rather than their mental state, reinforcing that intent is not a necessary component. 3. Legal Justification: This instruction highlights that conversion charges can be defended against if the defendant can establish that they had a legitimate reason for their actions. It instructs the jury to consider whether there was a valid excuse or legal justification for their behavior. 4. Civil Vs. Criminal Conversion: This instruction distinguishes between civil and criminal conversion cases. It explains that while intent may be relevant in civil actions seeking damages, in criminal conversions, it is not an essential element for a conviction. 5. Jury Deliberations: This instruction guides the jury on how to deliberate conversion cases without considering the defendant's intent. It reminds them to focus on the factual evidence presented during the trial and determine whether the defendant wrongfully took or retained someone else's property without a valid reason. 6. Jury Nullification: This instruction may also be relevant in New Hampshire conversion cases, although it does not directly address intent. It informs the jury about their right to nullify the law in exceptional circumstances where they believe a conviction would be unjust, even if the evidence supports it. It is important to note that this content is intended for informational purposes only and should not be considered legal advice. If you require specific guidance in a conversion case in New Hampshire, it is recommended to consult with a qualified attorney.
