South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-6 Self-Defense Self-defense is a complete defense. If established, you must find the defendant not guilty. There are four elements required by law to establish self-defense. First, the defendant must be without fault in bringing on the difficulty. Second, the defendant must have been […]
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-5 Suicide The defendant denies his guilt and claims the victim committed suicide. Suicide is the deliberate termination of one’s own life. The defendant claims he did not participate in the victim’s death but that the victim took his own life by his own
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-4 Involuntary Intoxication There are two types of intoxication, voluntary and involuntary. Involuntary intoxication may result from innocently consuming an intoxicant, through being tricked into it by another, or being forced to take it, or perhaps through unanticipated side effects of a prescription drug
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-3 Voluntary Intoxication Voluntary intoxication is not an excuse for or a defense to a crime, regardless of whether the crime is one involving general or specific intent. This rule also extends to the voluntary ingestion of drugs. A person who voluntarily ingests alcohol
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South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-2 Defense of Accident The defendant has raised the defense of accident. The burden is on the State to prove beyond a reasonable doubt that the killing was not accidental. Harm caused to another, including death, cannot entail criminal responsibility for the defendant if
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South Carolina Jury Instructions Criminal (SC JI Criminal) (2018) SC JI CRIMINAL § 6-1 South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-1 Identification An issue in this case is the identification of the defendant as the perpetrator of the crime charged. The State of South Carolina has the burden of
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Montana Criminal Jury Instructions CHAPTER 1: PRELIMINARY AND GENERAL INSTRUCTIONS 1-104 Preliminary Instruction 4 An Information has been filed charging the Defendant, _______________________, with the offense of _________________________, alleged to have been committed in ________________ County, State of Montana, on or about _________________________, 20__. The Defendant has pled not guilty. The jury’s task in this
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Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES N. Voluntary Intoxication § 8.19. Voluntary Intoxication You have heard evidence that (insert name of defendant) may have acted while intoxicated by [alcohol] [drugs]. Generally, voluntary intoxication is not a defense to a criminal charge. An exception occurs when a person is charged with certain
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Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES L. Self-Defense § 8.13(G). Self-Defense: Battered Spouse, Child, Cohabitant Syndrome I have instructed you on the general requirements of self-defense. In order to justify (insert specific crime(s) to which the defense applies) on the basis of self-defense (insert name of defendant) must have: (1) actually
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Maryland Criminal Jury Instructions and Commentary, Third Edition Chapter 8 DEFENSES L. Self-Defense § 8.13(F). Self-Defense: Evidence Relating to the Victim’s Prior Acts of Violence, Threats, and Violent or Dangerous Character Evidence has been presented of [alleged past threats by (insert name of victim) against (insert name of defendant)] [the violent or dangerous character of (insert
