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.
In South Carolina, the Instruction to Jury as to the Definition of Conversion is a legal guideline provided to the jury to help them understand the concept of conversion in a case. Conversion refers to the act of unlawfully taking or exercising control over someone else's property without their permission and with the intent to permanently deprive them of it. The instruction lays out the essential elements of conversion and provides relevant information that the jury needs to consider when determining whether a defendant is guilty. Key elements included in South Carolina's Instruction to Jury as to the Definition of Conversion typically include: 1. Unauthorized control: Conversion involves the defendant's unjustified control over another person's property. This could include physically possessing, using, altering, selling, or destroying the property. It is essential for the jury to ascertain whether the defendant had the owner's consent or legal right to exercise control over the property. 2. Ownership or right of possession: The instruction emphasizes that the property in question must belong to someone else, and the accused must have intentionally interfered with that individual's ownership rights or right to possess the property. It is important for the jury to determine whether the owner had a valid claim of right to the property or its possession. 3. Intent to permanently deprive: The instruction highlights that conversion requires the defendant's intent to permanently deprive the owner of their property. This means that they should have knowingly acted in a way that shows no intention of returning the property to its rightful owner. 4. Lack of consent: The instruction typically instructs the jury to consider whether the owner granted consent to the defendant to use or possess the property. If the owner willingly gave permission, it may negate the allegation of conversion. Different types or versions of the Instruction to Jury as to the Definition of Conversion may exist depending on various legal scenarios, such as: 1. Conversion in civil cases: In civil cases, where an individual seeks to recover damages for the loss of their property due to conversion, the instruction would guide the jury to determine liability and calculate appropriate compensation. 2. Conversion in criminal cases: In criminal cases, where the defendant is charged with a crime related to conversion, the instruction would ensure that the jury understands the elements of the crime and the burden of proof required for a conviction. It is important to note that specific wording and details of the South Carolina Instruction to Jury as to the Definition of Conversion may vary based on the specific case, judge's discretion, and any prevailing legal standards or precedents. Legal professionals in South Carolina would refer to the official instructions provided by the South Carolina Jury Instructions Committee for accurate and up-to-date information.
