4.18 Flight/Concealment of Identity

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US-JURY-9THCIR-4-18-CR
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Description

Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

4.18 Flight/Concealment of Identity is a form of identity theft in which a person deliberately and fraudulently changes their identity to avoid detection by law enforcement or other authorities. This can include providing false information to obtain identification documents, using false documents, or altering personal information on documents. It can also include any other activities that are designed to hide the true identity of the perpetrator. There are two main types of 4.18 Flight/Concealment of Identity: Traditional Flight/Concealment of Identity, and Identity Theft. Traditional Flight/Concealment of Identity involves changing one’s identity by providing false information or documents, or altering existing documents. This type of concealment is often used by criminals to avoid capture or detection, such as by using false names, dates of birth, addresses, and other details. Identity Theft is a specific type of 4.18 Flight/Concealment of Identity in which a person uses another person’s identity to commit fraud or other crimes. This can include obtaining credit cards, bank accounts, or other forms of financial documents in the person’s name without their permission, or using their personal information to create false documents.

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FAQ

When a third party loses or destroys evidence, a victim can sue that party for the loss. The problem is showing damages for the destruction of the evidence. To do that, a victim has to show that the destruction deprived them of the ability to win damages in the underlying injury case.

The maxim is simply a translation of the Latin phrase ?falsus in uno, falsus in omnibus.? It currently means that a jury may disregard the testimony of a witness if the jury believes that witness deliberately, or willfully and corruptly, testified falsely about a material issue.

It instructs jurors that they, ?may not find the defendant guilty based on a mere suspicion of guilt,? and defines a ?reasonable doubt? as: ?A doubt that would cause a reasonably careful and sensible person to hesitate before acting upon a matter of importance in his or her own affairs.

(18 U.S.C. § 1519) The government need not prove that the defendant's sole or even primary intention was to obstruct justice so long as the government proves beyond a reasonable doubt that one of the defendant's intentions was to obstruct justice. The defendant's intention to obstruct justice must be substantial.

Falsus in uno, falsus in omnibus is a Latin maxim meaning "false in one thing, false in everything". At common law, it is the legal principle that a witness who testifies falsely about one matter is not credible to testify about any matter.

If a judge gives the jury the wrong legal standards to apply or otherwise improper instructions, they may find a defendant guilty when they should have reached a different verdict. If the judge in your case gave the jury incomplete or incorrect instructions, you may appeal your conviction and seek a new trial.

When Can the Jury be Instructed to Draw an Adverse Inference at Trial? As discussed above, a jury may be instructed to draw an adverse inference if a party intentionally destroys (or fails to preserve) evidence and it results in prejudice to another party. This is often referred to as ?spoliation of evidence.?

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4.18 Flight/Concealment of Identity