Oregon Jury Instruction - Insanity

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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.

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FAQ

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.

If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).

Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.

Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.

In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.

PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.

More info

When the issue of insanity under ORS 161.295 is submitted to be determined by a jury in the trial court, the court shall instruct the jury in accordance with ... Sample Jury Instruction - This sample jury instruction asks the jury to find the Defendant not guilty by reason of insanity. ... How to fill out Oregon Insanity - ...Aug 1, 2019 — PROPOSED JURY INSTRUCTIONS AND VERDICT FORMS. (1) A party must file any requested jury instruction or verdict form. The party must also submit a ... When the issue of insanity under ORS 161.295 (Effect of qualifying mental disorder) is submitted to be determined by a jury in the trial court, the court ... Sep 15, 2022 — In criminal proceedings, there are three primary ways in which the law contemplates a defendant's mental illness factoring into the outcome: ... be found in the Comments to instructions; these suggested instructions cover changing practices ... If the jury has a copy of the instructions, send the ... “[A] jury united as to guilt but divided as to an affirmative defense (such as insanity) is necessarily a hung jury.” United States v. Southwell, 432 F.3d ... These model jury instructions are written and organized by judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit Judge. 161.313 Jury instructions; insanity. When the issue of insanity under ORS 161.295 is submitted to be determined by a jury in the trial court, the court ... 1.01. Preliminary Instructions to the Jury (6/15/18). 1.02. Jury Instruction ... Insanity (6/29/00). 7.08. Entrapment - Methods of Persuasion (6/29/00). 7.09.

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Oregon Jury Instruction - Insanity