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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.
This sometimes occurs before closing arguments.) 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.
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 prosecutor offers evidence to refute the defense case. Settling on jury instructions. The prosecution and defense get together with the judge and determine a final set of instructions that the judge will give the jury.
Jury instructions should ideally be brief, concise, nonrepetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
There are usually two things that can happen when there is a hung jury: the judge can ask the jury to reconsider and hope that more time might lead some jurors to change their minds, or the judge can declare a mistrial. A mistrial is usually the more serious and time-consuming outcome.
Jury instructions are an important component of a trial because they focus the jury on the specific issues and laws applicable to the case being tried. Jury instructions should identify the issues the jury will need to decide and help them understand the legal principles of the case.
When the judge declares the jury to be hung or deadlocked, a mistrial is declared, which brings the trial to an end without a determination on the merits. In the United States, a mistrial returns the parties to the positions they occupied before the trial began.
Jury Instructions. instructions that are given by the trial judge that specifically state what the defendant can be found guilty of and what the prosecution or plaintiff has to prove in order for a guilty verdict.
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