New York Jury Instruction - Possession Of Firearm By A Convicted Felon

• Category: Federal - Jury Instructions - Offenses Instructions
• State: Multi-State
• Control #: US-11CRO-30-6
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

New York Jury Instruction — Possession Of Firearm By A Convicted Felon — Detailed Description In the state of New York, possessing a firearm while being a convicted felon is a serious offense that is rigorously prosecuted. This jury instruction provides guidance to a jury during a criminal trial involving the charge of possession of a firearm by a convicted felon. Understanding this instruction is crucial for both the prosecution and the defense, as it sets out the legal requirements that must be met to establish guilt beyond a reasonable doubt. Keywords: New York jury instruction, possession of firearm, convicted felon, criminal trial, legal requirements, guilt beyond a reasonable doubt. Types of New York Jury Instruction — Possession Of Firearm By A Convicted Felon: 1. Elements of Possession — This instruction focuses on outlining the essential elements that the prosecution must prove beyond a reasonable doubt to establish the defendant's guilt. It typically covers factors such as the defendant's prior felony conviction, knowing possession or control of a firearm, and the firearm's characteristics being consistent with New York law. 2. Knowledge and Intent — This instruction addresses the mental state required for a charge of possessing a firearm by a convicted felon. It clarifies that the prosecution must demonstrate that the defendant knowingly possessed the firearm and had the intent to exercise control over it, understanding that they were a convicted felon and that their possession was illegal. 3. Actual and Constructive Possession — This instruction differentiates between actual and constructive possession. It explains that actual possession involves physical possession or control of the firearm, while constructive possession exists when the defendant has the ability and intent to exercise control over the firearm, even if it is not physically on their person. 4. Statutory Defenses and Exceptions — This instruction discusses specific statutory defenses or exceptions that may be applicable in certain cases. It highlights situations where the defendant may possess a firearm despite being a convicted felon, such as if their civil rights have been restored or if they possess the firearm within their own home. 5. Jury Deliberations — This instruction guides the jury on the process of deliberation and the specific legal standards they must follow. It emphasizes the need for the jury to carefully consider the evidence, determine credibility, and unanimously decide whether the prosecution has proven the defendant's guilt beyond a reasonable doubt. It is important to note that the specific instructions provided to a jury may depend on the unique facts and circumstances of each case. The judge presiding over the trial has the discretion to tailor the instructions accordingly.