Utah Jury Instruction — Possession: A Detailed Description Possession is a legal concept that bears significant relevance in criminal cases, and the Utah Jury Instruction — Possession provides guidance to jurors on how to interpret this concept. Possession, in essence, refers to the act of having physical control or dominion over an item or substance. Whether it is drugs, stolen goods, firearms, or other objects that may be considered as evidence, understanding the various aspects of possession is crucial in determining guilt or innocence. The Utah Jury Instruction — Possession covers different types of possession, including constructive possession and actual possession. Let's explore each of these in more detail: 1. Constructive Possession: This instruction informs jurors about constructive possession, which occurs when an individual has the ability and intent to exercise control or dominion over an item, even if it is not physically on their person. This can apply to situations where the item is found in a location under the defendant's control or in proximity to them. For instance, if drugs are discovered in a defendant's car or in a locker assigned to them, the jury needs to consider whether the defendant had constructive possession. 2. Actual Possession: This type of possession occurs when someone physically possesses or controls an item. If an individual has drugs in their pocket or a stolen item in their hand, they have actual possession. The Utah Jury Instruction clarifies that actual possession requires direct physical control over the object. It is important to note that mere proximity to the item or being in the same location as the item does not establish possession on its own. The jury must evaluate other evidence presented during the trial, such as fingerprints, DNA, witness testimony, or the defendant's statements or actions to determine whether the defendant knowingly exercised control or intended to control the item in question. The Utah Jury Instruction — Possession advises jurors to carefully consider the evidence and circumstances of the case to determine the level of possession. They must impartially assess the defendant's knowledge, intent, control, and the ability to exercise dominion over the item in question. Keywords: Utah Jury Instruction, possession, constructive possession, actual possession, physical control, dominion, guilt, innocence, legal concept, criminal cases, drugs, stolen goods, firearms, evidence, knowledge, intent, control, proximity, construct, exercise control, physical possession, direct physical control, fingerprints, DNA, witness testimony, defendant's statements, defendant's actions, circumstances, determine guilt or innocence.
Utah Jury Instruction - Possession
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Persons convicted of a felony are ineligible to serve on a jury unless and until the conviction is expunged. Utah Code Ann. § 78B-1-105(2).
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.
If you are age 70 or over and have either a physical or mental disability or impairment you may be excused from jury service.
No one is exempt from jury duty; however, you may request to be excused from jury duty for the following reasons: 1) A person who is over 70 years of age; 2) A person who has served as a justice court juror in the past two years; 3) A person who is caring full time for either (I) children under 10 years of age, or (II) ...
By law, you can be required to participate in jury service only once every two years. You will not be required to attend court for possible jury service more than five days, except as necessary to complete service in a particular trial.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
Contempt penalties range from a fine of $1000 to three days imprisonment, or both.
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.