West Virginia Jury Instruction — Smuggling, also known as WVJI-SM, is a set of guidelines and directions provided by the court to assist the jury in understanding the legal aspects of smuggling cases in the state of West Virginia. Smuggling refers to the illegal act of transporting prohibited goods, such as drugs, firearms, or other contraband, across borders or within the state without the authority or knowledge of law enforcement. These instructions are important as they outline the elements that the prosecution must establish beyond a reasonable doubt in order to prove an individual's guilt in a smuggling case. The instructions also explain the possible defenses that the defendant may raise and the standards the jury should apply when evaluating the evidence presented during the trial. There are different types of West Virginia Jury Instruction — Smuggling, which provide detailed guidance specific to the nature of the smuggling offense being prosecuted. Some specific types include: 1. WVJI-SM — Unlawful Drug Smuggling: This instruction focuses on cases involving the transportation and illicit distribution of controlled substances across state lines or within West Virginia. 2. WVJI-SM — Firearms Smuggling: This instruction is specific to cases where individuals illegally transport firearms across state lines or knowingly possess firearms acquired through smuggling activities. 3. WVJI-SM — Human Trafficking Smuggling: This instruction pertains to cases involving the transport and exploitation of individuals through coercion or deception, such as sex trafficking or labor trafficking. 4. WVJI-SM — Contraband Smuggling: This instruction encompasses cases involving the transportation of goods or substances prohibited by law, including counterfeit items, endangered species, or illicitly obtained currency. Each type of instruction provides context-specific guidance to the jury, ensuring they have a comprehensive understanding of the law relevant to the smuggling offense being tried. It is crucial for the jury to carefully consider these instructions and apply them when deliberating on the defendant's guilt or innocence.
West Virginia Jury Instruction - Smuggling
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To make a false statement ?willfully? under Section 1001, the defendant must have both the specific intent to make a false statement and the knowledge that his or her conduct was unlawful. Specific intent does not require evil intent but only that the defendant act deliberately and knowingly.
If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.
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.
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.
1001. Basic Duty of Care A person who [owns/leases/ occupies/controls] property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition.
There are thirteen courts of appeals: eleven numbered circuits (First through Eleventh), the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Federal Circuit. Not all circuits have published jury instructions: the Second and Fourth Circuits do not.
CACI No. 1001. Basic Duty of Care A person who [owns/leases/occupies/contr. person fails to use reasonable care to keep. safe condition. ... must use reasonable care to discover any. replace, or give adequate warning of anything. expected to harm others. In deciding whether [name of defendant.
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.