8.196 Failure to Appear or Surrender-Affirmative Defense is an affirmative defense to a criminal charge of failure to appear or surrender. This defense applies when an individual's failure to appear or surrender was due to a legally recognized excuse. There are three types of 8.196 Failure to Appear or Surrender-Affirmative Defense: 1. Impossibility: Where it was physically impossible for the defendant to appear or surrender due to medical or other reasons beyond his or her control. 2. Duress: Where the defendant's failure to appear or surrender was due to an external force, such as threats or fear of harm. 3. Mistake of Fact: Where the defendant's failure to appear or surrender was due to a mistake of fact or law.
8.196 Failure to Appear or Surrender-Affirmative Defense
State:
Multi-State
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US-JURY-9THCIR-8-196-CR
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Description
Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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