Pennsylvania Jury Instruction - Good Faith Defense To Charge Of Intent To Defraud
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How to fill out Jury Instruction - Good Faith Defense To Charge Of Intent To Defraud?
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The means, from lowest to highest are as follows: reasonable articulable suspicion (42.1 percent), probable cause (49.7 percent), preponderance of the evidence (54.4 percent), substantial probability (55.3 percent), clear and convincing evidence (73.4 percent), and beyond a reasonable doubt (90.1 percent).
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. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
For example, if a defendant is charged with assault, the defendant may use a justification defense of self-defense to claim the actions were reasonable and not wrong given the circumstances.
Definition of Justification and Excuse A defense based on justification focuses on the offense. A justification defense claims that the defendant's conduct should be legal rather than criminal because it supports a principle valued by society. A defense based on excuse focuses on the defendant.
An example is that breaking into someone's home during a fire in order to rescue a child inside, is justified. If the same act is done in the reasonable but mistaken belief that there was a fire, then the act is excused.
(a) A prosecutor should seek or file criminal charges only if the prosecutor reasonably believes that the charges are supported by probable cause, that admissible evidence will be sufficient to support conviction beyond a reasonable doubt, and that the decision to charge is in the interests of justice.
Excuse defenses are used when the actor's mental state or belief demonstrate that he should not be held responsible for the criminal act. Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.
Some common procedural defenses are entrapment by the government, false confession by witnesses, falsified evidence, denial of a speedy trial, double jeopardy, prosecutorial misconduct, and selective prosecution.