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Under New York law, "in any prosecution for falsifying business records, it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his or her employer or of a superior officer or employee generally authorized to direct his or her activities." [6]
Jury instructions can also serve an important role in guiding the jury how to consider certain evidence. [10] All 50 states have a model set of instructions, usually called "pattern jury instructions", which provide the framework for the charge to the jury; sometimes, only names and circumstances have to be filled in for a particular case.
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The judge overseeing former President Donald Trump's hush money case in New York has approved a questionnaire for jury selection and instructions for prospective jurors in the trial, which is set ...
In Canada, each juror has the choice to take either an oath or affirmation. The oath/affirmation states something to the effect of: Do you swear to well and truly try and true deliverance make between our sovereign lady the Queen, and the accused at the bar, who you shall have in charge, and a true verdict give, according to the evidence, so help you God?
"The prosecutors zapped a dead misdemeanor back into life by claiming a violation under New York's election law 17-152. The argument is that the crime was committed to further another crime as an ...
United States, 164 U.S. 492 (1896), was a United States Supreme Court case that, among other things, approved the use of a jury instruction intended to prevent a hung jury by encouraging jurors in the minority to reconsider. The Court affirmed Alexander Allen's murder conviction, having vacated his two prior convictions for the same crime.
As to the conviction, Goetz argued that the judge's jury instructions improperly discouraged jury nullification; the appellate division and New York Court of Appeals rejected that argument. [68]: 475 n.158 [69] As to the sentence, Goetz argued that the state's gun laws required, at minimum, a one-year sentence. [67]