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 Mexico Instruction to Jury: Intent is not an Essential Element of Conversion The New Mexico instruction to the jury that intent is not an essential element of conversion is a crucial legal principle that guides the deliberation process in cases related to conversion. Conversion refers to the act of wrongfully taking or using someone else's property without their consent, thereby interfering with their rights. In New Mexico, intent plays a secondary role in determining liability for conversion. Unlike other jurisdictions, there are instances where a person can be held responsible for conversion, even if they did not act with intent or knowledge of their wrongful conduct. This legal doctrine aims to provide a balanced approach, ensuring that innocent parties are protected and wrongdoers are held accountable. When providing this instruction to the jury, the judge emphasizes that the main factors to be considered are the act of exerting control over another person's property, by either exercising ownership or dominion over it. The defendant's mental state or intention is not considered a prerequisite for finding them liable for conversion under New Mexico law. It is important to note that New Mexico recognizes two distinct types of conversion, both of which are covered under this instruction to the jury: 1. Intentional Conversion: This occurs when a person knowingly and deliberately takes or uses someone else's property without their authorization. In such cases, the jury must still be informed that intent is not an essential element for finding the defendant liable. 2. Unintentional Conversion: This refers to situations where a person unknowingly and unintentionally takes or uses another's property without their consent. Despite the absence of intent, New Mexico law still holds individuals accountable for unintentional conversion, as this instruction to the jury makes clear. By providing clear guidelines on intent as a non-essential element for conversion, New Mexico allows for a fair and just legal process. This approach prioritizes the protection of property rights and ensures that individuals who wrongfully interfere with those rights can be held accountable, irrespective of their intentions.
