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Jury Instruction - Coercion and Intimidation

Jury Instruction - Coercion and Intimidation 2025

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The document discusses the defense theory in a legal case where the Defendant claims to have committed acts under coercion and intimidation, fearing for their own or their family's safety. It outlines the criteria for such a defense, emphasizing that the coercion must be immediate and induce a reasonable fear of serious harm, with no opportunity to escape. If there is reasonable doubt about the Defendant's willfulness in committing the crime, they should be found not guilty.

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What are the preliminary instructions for the jury?

Preliminary instructions occur at the beginning of a trial and typically inform the jury on the basics of reviewing evidence and other responsibilities. During the trial, courts may give limiting instructions that inform jurors how to evaluate specific evidence and curative instructions to correct evidentiary errors.

What is the difference between duress and coercion?

Coercion is the use of force or the threat of force to get someone to do something that he or she would not otherwise do, such as shoot someone or rob a bank. In a criminal case, the defendant can use a coercion defense to a criminal allegation if someone forced him to commit the crime.

What are the typical elements of jury instructions?

Jury instructions should ideally be brief, concise, non-repetitive, relevant to the cases details, understandable to the average juror , and should correctly state the law without misleading the jury or inviting unnecessary speculation.

How to write jury instructions?

For jury instructions to be effective, they must be clear and simple. Sentences should be short; instruc- tions should contain no more than a few sentences, cover only one topic, and be directly related to the circumstances of the case (they should not be abstract statements of the law).

How do you prove coercion in court?

The defendant must prove [duress] [coercion] [compulsion] by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true.

What are typical jury instructions?

Jury instructions often cover the following issues: Introduction to the trial process: An overview of the trial process, the roles of the judge, jury, attorneys, and witnesses, and the importance of the jurys role in the legal system. Explanation of the burden of proof: a legal concept crucial to the trial system.

What are the instructions the judge gives the jurors?

Judges Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judges instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.

Jury Instruction - Coercion and Intimidation 2025

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