Puerto Rico Jury Instruction — Possession: In Puerto Rico, the concept of possession is a significant aspect in legal proceedings. Possession, in the context of criminal law, refers to the physical control and ownership of an item or substance that is prohibited by law. It is critical for jurors to understand the various aspects of possession and the different types of possession recognized under Puerto Rico law. There are multiple types of possession that may be addressed in Puerto Rico jury instructions: 1. Actual Possession: Actual possession occurs when an individual has direct physical control and custody over the prohibited item or substance. For example, if a person is found with illegal drugs in their pocket, they are deemed to be in actual possession of the drugs. 2. Constructive Possession: Constructive possession refers to a situation where an individual does not have immediate physical control over the prohibited item, but they have the ability and intent to exercise control over it. For instance, if illegal drugs are discovered in the trunk of a car that belongs to someone, they may be charged with constructive possession. 3. Joint Possession: Joint possession exists when two or more individuals share the control and ownership of the prohibited item. For instance, if multiple individuals are found in a vehicle with a firearm, they may be charged with joint possession of the weapon. 4. Knowing Possession: Knowing possession implies that the individual is aware that they have control and ownership of the prohibited item or substance. This type of possession involves a level of mental awareness or knowledge. For instance, someone who willingly stores illegal drugs in their residence knowing they are there is considered to have knowing possession of the drugs. It is important for jurors to carefully consider the evidence presented and determine the type of possession applicable to the case. Factors such as proximity, control, intent, and knowledge play a vital role in establishing possession under Puerto Rico law. The Puerto Rico jury instruction on possession emphasizes the necessity of proving both the physical act of possession and the mental state accompanying it. It is not sufficient to prove mere proximity to the prohibited item or substance. The jury must be convinced beyond a reasonable doubt that the defendant either physically possessed or had the intent and ability to exercise control over the item or substance in question. Understanding the different types of possession and the specific elements required to establish each type is crucial for jurors when deliberating on possession-related cases in Puerto Rico.
Puerto Rico Jury Instruction - Possession
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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
If you are selected as a petit or trial juror on a case, you must serve until the conclusion of the case.
1001. Basic Duty of Care A person who [owns/leases/ occupies/controls] property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition.
To make a false statement ?willfully? under Section 1001, the defendant must have both the specific intent to make a false statement and the knowledge that his or her conduct was unlawful. Specific intent does not require evil intent but only that the defendant act deliberately and knowingly.
Federal jurors are paid $40.00 per day for their services; paying the difference between that amount and your employee's salary should not be overly burdensome. The Court will do everything in its power to ensure that employers observe their duty towards those employees selected to serve as jurors of this Court.
CACI No. 1001. Basic Duty of Care A person who [owns/leases/occupies/contr. person fails to use reasonable care to keep. safe condition. ... must use reasonable care to discover any. replace, or give adequate warning of anything. expected to harm others. In deciding whether [name of defendant.