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Pawlowski, Fasso & Brewer, P.A.
Vince Pawlowski John B. Brewer Kim Burchins Lance Black J.R. Smith Joe DiGiore

Newsletters

 

FEDERAL LAWS REGARDING CARJACKING

Although offenses involving motor vehicles thefts are usually prosecuted by state and local law enforcement authorities, the increased number of such offenses and the increased use of violence in connection with the offenses caused Congress to enact a federal carjacking statute. Congress also directed the Federal Bureau of Investigation and the United States Attorneys' offices to cooperate with state and local authorities in the investigation of such offenses and to prosecute some offenses in federal court.

JURY INSTRUCTIONS ON APPLICATION OF THE LAW TO THE FACTS

A jury's role in a criminal case is to determine the guilt or innocence of a defendant. In accordance with this role, the jury must also judge the facts of the case. In order to make its factual determination, the jury is instructed on the law by a trial court. The trial court sets forth the law in written instructions that are delivered to the jury before the prosecution and the defense make their closing arguments. The jury is not permitted to receive the law from any source other than the trial court.

JURY INSTRUCTIONS ON REASONABLE DOUBT

A defendant cannot be convicted of a crime unless the prosecution proves that the defendant committed the crime beyond a reasonable doubt. The standard of beyond a reasonable doubt is a constitutional requirement of due process. The United States Constitution does not require a trial court to instruct a jury on the definition of reasonable doubt. However, the Constitution does not prohibit a trial court from providing a jury with a definition of reasonable doubt.

DEFENSE OF A THIRD PERSON

A defendant is entitled to use force or deadly force against another person in order to protect a third person from the other person. The defendant must show that he or she reasonably believed that the use of force was necessary to protect the third person.

Circumstantial, Direct and Relevant Evidence

All evidence must be relevant in order for it to be admissible. There are numerous instances when relevant evidence is not admissible for various reasons including hearsay. Evidence itself falls into one of two categories, direct or circumstantial.


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