Wisconsin Jury Instruction — Possession refers to a set of guidelines provided to jurors in Wisconsin during a criminal trial, specifically focusing on cases involving possession charges. These instructions aim to inform the jury about the legal elements and considerations related to possession offenses and how they should be evaluated in reaching a verdict. Here are some relevant keywords and different types of Wisconsin Jury Instruction — Possession: 1. Legal Definition: This type of instruction would provide a comprehensive explanation of the legal concept of possession under Wisconsin law. It would clarify that possession involves both actual and constructive possession and that a person can possess an item either individually or jointly with others. 2. Elements of Possession: This instruction would outline the essential elements that the prosecution must prove beyond a reasonable doubt in a conviction. It may include elements such as knowledge of possession, control over the item, and awareness of the illegal nature of the item. 3. Specific Possession Offenses: These instructions would cover possession offenses that are commonly prosecuted in Wisconsin, such as drug possession, firearm possession, or possession of stolen property. Each instruction would focus on the unique elements and considerations associated with the particular offense. 4. Possession as a Theory of Liability: Sometimes, individuals may face charges of possession without necessarily being the direct actor committing the primary offense. These instructions would highlight that possession can be a theory of liability, demonstrating that an individual can be held accountable for possessing an item that is connected to a crime, even if they did not directly commit the offense. 5. Intent and Knowledge: Certain possessor offenses require proof of intent or knowledge. These instructions would explain that the prosecution must establish the accused's awareness of the item's presence and illegal nature, emphasizing the importance of examining the defendant's mental state. 6. Evidence of Possession: This type of instruction would discuss the various forms of evidence that can be presented to demonstrate possession, such as eyewitness testimonies, surveillance footage, fingerprints, or admissions made by the accused. 7. Circumstantial Evidence: In cases where possession cannot be proved through direct evidence, jurors would receive instructions on considering circumstantial evidence. These guidelines would explain how to evaluate indirect evidence and draw reasonable inferences to establish possession beyond a reasonable doubt. 8. Jury Deliberation: This instruction would guide jurors on how they should approach their deliberations regarding the possession charge. It may include explanations of burden of proof, reasonable doubt, and the importance of not making assumptions or relying on personal biases. These are just a few examples of the different types of Wisconsin Jury Instruction — Possession that may be provided to jurors. Each instruction serves to educate the jury on the specific legal elements and considerations relevant to the possession offense being tried, ensuring a fair and informed evaluation of the evidence.
Wisconsin Jury Instruction - Possession
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FAQ
Party to a Crime Section 939.05 of the Criminal Code of Wisconsin provides that whoever is concerned in the commission of a crime is a party to that crime and may be convicted of that crime although that person did not directly commit it.
In Wisconsin, possession is charged as a misdemeanor for the first offense, and a conviction can result in jail time of up to six months and a fine of $1,000 or less. Subsequent possession charges result in stiffer penalties, including a prison sentence of up to three and a half years.
The State must prove by evidence which satisfies you beyond a reasonable doubt that the defendant did not act lawfully in self-defense. been proved and that the defendant did not act lawfully in self-defense, you should find the defendant guilty. If you are not so satisfied, you must find the defendant not guilty.
If you are satisfied beyond a reasonable doubt that the defendant (drove) (operated) a motor vehicle on a highway while under the influence of an intoxicant, you should find the defendant guilty of Count 1. If you are not so satisfied, you must find the defendant not guilty of Count 1.
?It is illegal in Wisconsin for a driver over the age of 21 to operate a motor vehicle: With a Blood/Breath Alcohol Concentration (BAC) of 0.08 or greater; While under the influence of an intoxicant; With a detectable amount of a restricted controlled substance in his or her blood; or.
1005 NEGLIGENCE: DEFINED A person is not using ordinary care and is negligent, if the person, without intending to do harm, does something (or fails to do something) that a reasonable person would recognize as creating an unreasonable risk of injury or damage to a person or property.