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Instructions to the Jury The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No.
A general unanimity instruction informs the jury that the verdict must be unanimous, whereas a specific unanimity instruction indicates to the jury that they must be unanimous as to which specific act constitutes the offense charged. Commonwealth v.
How should the new instructions be cited? The full cite should be to "Judicial Council of California Civil Jury Instructions (year)".
Helping you preserve federal constitutional issues for review in the California appellate courts and on federal habeas corpus. Providing California's only complete and up-to-date compendium of recognized lesser included offenses.
Secondary Authority Sources Common sources are legal dictionaries, treatises, legal periodicals, hornbooks (study primers for law students), law reviews, restatements (summaries of case law) and jury instructions.
Momentary Possession The defendant possessed the controlled substance only for a momentary or transitory period; The defendant possessed the controlled substance in order to abandon, dispose of, or destroy it; AND. The defendant did not intend to prevent law enforcement officials from obtaining the controlled substance
The defendant must prove the following for the defense to work: he possessed a gun only for a momentary or a transitory period, he possessed the gun in order to dispose of it, and. he did not intend to prevent law enforcement officials from seizing the gun.
The defendant unlawfully possessed a controlled substance. The defendant knew of its presence. The defendant knew of the substance's nature or character as a controlled substance.