South Dakota Jury Instruction — Presenting False Declaration Or Certification In the state of South Dakota, there are various jury instructions that specifically address the offense of presenting a false declaration or certification. These instructions aim to guide the jury in understanding the elements of the crime and the burden of proof required for conviction. The following types of South Dakota Jury Instructions are currently available for this offense: 1. South Dakota Jury Instruction 12-31: Presenting False Declaration or Certification — General Elements This instruction outlines the basic elements needed to prove the offense of presenting a false declaration or certification. It includes elements such as knowingly making or presenting a false document, with the intention to deceive or mislead another person or entity. The jury must find beyond a reasonable doubt that the defendant committed each element of the offense as stated in this instruction. 2. South Dakota Jury Instruction 12-31A: Constructive Knowledge This instruction deals with the aspect of constructive knowledge, which means a defendant should have known that the declaration or certification they presented was false. It provides guidance to the jury on how they should evaluate the defendant's knowledge or awareness of the falsity of the document, and whether it was reasonable for them to have known. 3. South Dakota Jury Instruction 12-31B: Intent to Deceive or Mislead This instruction focuses on the mental state of the defendant and addresses the requirement of intent to deceive or mislead. It provides the jury with guidance on how to evaluate the defendant's state of mind and determine if they had the specific intent to deceive or mislead another person or entity when presenting the false declaration or certification. 4. South Dakota Jury Instruction 12-31C: Materiality This instruction highlights the importance of materiality in a case of presenting a false declaration or certification. It instructs the jury to consider whether the false information or document presented was relevant and significant enough to affect the decision-making process of the person or entity it was presented to. 5. South Dakota Jury Instruction 12-31D: Burden of Proof This instruction clarifies the burden of proof required for the conviction of presenting a false declaration or certification. It emphasizes that the prosecution has the duty to prove the defendant's guilt beyond a reasonable doubt and that the jury should only find the defendant guilty if they are convinced of their guilt to that degree. These South Dakota Jury Instructions provide a framework for the jury to understand the elements of presenting a false declaration or certification and the necessary burden of proof required for conviction. By following these instructions, the jury can ensure a fair and just evaluation of the evidence presented during the trial.
South Dakota Jury Instruction - Presenting False Declaration Or Certification
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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).
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.
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.
Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror.
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.
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.