Utah Jury Instruction - Controlled Substances
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How to fill out Utah Jury Instruction - Controlled Substances?
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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.
It is unlawful in Utah possess or use a controlled substance except pursuant to a valid prescription. Violation of this law may result in charges running from a class B misdemeanor to second degree felony depending upon the quantity of drugs within the individual's possession. Utah Code Ann. §58-37-8(2).
Title 58 Chapter 37 Section 1Short title.Section 14Resort for illegal use or possession of controlled substances deemed common nuisance -- District court power to suppress and enjoin.Section 15Burden of proof in proceedings on violations -- Enforcement officers exempt from liability.Section 17Judicial review.24 more rows
If a defendant is found with a controlled substance like Adderall that is listed as a Schedule II drug, they are likely to be charged with a class A misdemeanor. Class A misdemeanors are the most severe type of misdemeanor that a defendant can be charged within Utah.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.