8.31 Uttering or Publishing False Writing (18 U.S.C. Sec. 495) is a federal law that criminalizes the uttering or publishing of any false writing with the intent to defraud. This law applies to any document, including bank checks, contracts, deeds, or other writing. It also applies to any alteration, erasure, or addition of words or figures to an existing writing. There are two types of violations under this section. The first is a misdemeanor offense, which carries a punishment of up to a year in prison and/or a $1,000 fine. The second is a felony offense, which carries a punishment of up to three years in prison and/or a $5,000 fine.
8.31 Uttering or Publishing False Writing (18 U.S.C. Sec. 495)
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US-JURY-9THCIR-8-31-CR
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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Requirements of Duress The party is in immediate threat of serious bodily harm or death. The threat made to the victim must be constant.The party believes that the perpetrator of the act will carry out the threat.There is no opportunity to escape safely, except by committing the unlawful act.
There are three elements of the duress defense: (1) an immediate threat of death or serious bodily injury, (2) a well-grounded fear that the threat will be carried out, and (3) no reasonable opportunity to escape the threatened harm. United States v. Shapiro, 669 F. 2d 593, 596 (9th Cir.
The Elements of Duress A reasonable fear of imminent death or serious bodily harm. Through the words or actions of another person. With no reasonable opportunity to escape the threat. Through no fault of the defendant.
3d 682, 683 (9th Cir. 1993). "In order to be entitled to an instruction on duress or necessity as a defense to the crime charged, an escapee must first offer evidence justifying his continued absence from custody as well as his initial departure." United States v. Bailey, 444 U.S. 394, 408 (1980).
Thompson, 63 M.J. 228 (the defense of duress applies when the accused has a (1) reasonable apprehension that (2) the accused or another innocent person would (3) immediately suffer death or serious bodily injury if the accused did not commit the act; a reasonable apprehension does not exist if the accused has any
To show constructive possession, the government must prove a connection between the defendant and the firearm or ammunition sufficient "to support the inference that the defendant exercised dominion and control over" it. United States v. Carrasco, 257 F. 3d 1045, 1049 (9th Cir.