Virgin Islands Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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FAQ
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
Within this lesson, there are seven categories of specific intent crimes. This includes larceny, first-degree premeditated murder, burglary, forgery, embezzlement, conspiracy, and assault.
A person can use the battered woman defense when she has endured constant and severe domestic violence, usually physical abuse from a spouse or partner, and has become so mentally and physically beaten that she feels her only escape is to commit an violent act against her abuser.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.
The Criminal Defense of Necessity The defendant must reasonably have believed that there was an actual and specific threat that required immediate action. The defendant must have had no realistic alternative to completing the criminal act. The harm caused by the criminal act must not be greater than the harm avoided.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.