South Carolina Jury Instruction - Possession
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How to fill out Jury Instruction - Possession?
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FAQ
Possession as a Criminal Act There are two types of possession: actual possession and constructive possession.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
For example, if someone chains someone else's car to an immovable object, they have taken possession of it even though they have not moved it. Constructive possession can also refer to items inside of a vehicle. The owner and driver of the vehicle can be in constructive possession of all things inside their car.
Constructive Intent In such cases, the law transfers the offender's intent from the intended target to the actual victim. For instance, if someone shoots at Person A but misses and accidentally hits Person B, the intent to harm Person A can be transferred to the unintended victim, Person B.
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.
To prove constructive possession, the prosecution must establish two elements: Knowledge of the item's presence; and. The ability to maintain control over the item.
For example, if someone chains someone else's car to an immovable object, they have taken possession of it even though they have not moved it. Constructive possession can also refer to items inside of a vehicle. The owner and driver of the vehicle can be in constructive possession of all things inside their car.
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.