California Criminal Jury Instructions (CALCRIM 2023) 572. Voluntary Manslaughter: Murder Not Charged (Pen. Code, § 192(a)) The defendant is charged [in Count ___________ ] with voluntary manslaughter [in violation of Penal Code section 192(a)]. To prove that the defendant is guilty of voluntary manslaughter, the People must prove that: 1. The defendant committed an act […]
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California Criminal Jury Instructions (CALCRIM 2023) 570. Voluntary Manslaughter: Heat of Passion—Lesser Included Offense (Pen. Code, § 192(a)) A killing that would otherwise be murder is reduced to voluntary manslaughter if the defendant killed someone because of a sudden quarrel or in the heat of passion. The defendant killed someone because of a sudden quarrel
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California Criminal Jury Instructions (CALCRIM 2023) 361. Failure to Explain or Deny Adverse Evidence If the defendant failed in (his/her) testimony to explain or deny evidence against (him/her), and if (he/she) could reasonably be expected to have done so based on what (he/she) knew, you may consider (his/her) failure to explain or deny in evaluating
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California Criminal Jury Instructions (CALCRIM 2023) 224. Circumstantial Evidence: Sufficiency of Evidence Before you may rely on circumstantial evidence to conclude that a fact necessary to find the defendant guilty has been proved, you must be convinced that the People have proved each fact essential to that conclusion beyond a reasonable doubt. Also, before you
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California Criminal Jury Instructions (CALCRIM 2023) 222. Evidence “Evidence” is the sworn testimony of witnesses, the exhibits admitted into evidence, and anything else I told you to consider as evidence. Nothing that the attorneys say is evidence. In their opening statements and closing arguments, the attorneys discuss the case, but their remarks are not evidence.
California Criminal Jury Instructions (CALCRIM 2023) 223. Direct and Circumstantial Evidence: Defined Facts may be proved by direct or circumstantial evidence or by a combination of both. Direct evidence can prove a fact by itself. For example, if a witness testifies he saw it raining outside before he came into the courthouse, that testimony is
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Washington Pattern Jury Instructions–Criminal December 2021 Update Washington State Supreme Court Committee on Jury Instructions Part IV. Defenses WPIC CHAPTER 18. Miscellaneous Defenses WPIC 18.02 Necessity—Defense Necessity is a defense to a charge of (fill in crime) if (1) the defendant reasonably believed the commission of the crime was necessary to avoid or minimize a
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Wisconsin Criminal Jury Instructions (WCJI) 1016 FIRST DEGREE INTENTIONAL HOMICIDE: SELF‑DEFENSE: SECOND DEGREE INTENTIONAL HOMICIDE: FIRST DEGREE RECKLESS HOMICIDE — § 940.01(2)(b); § 940.05; § 940.02(1)[1] Crimes To Consider The defendant in this case is charged with first degree intentional homicide, and you must first consider whether the defendant is guilty of that offense. If you are not
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Wisconsin Criminal Jury Instructions (WCJI) 1072 ATTEMPTED FIRST DEGREE INTENTIONAL HOMICIDE: SELF‑DEFENSE: ATTEMPTED SECOND DEGREE INTENTIONAL HOMICIDE — § 940.01(2)(b); § 940.05[1]; § 939.32 Crimes To Consider The defendant in this case is charged with attempted first degree intentional homicide, and you must first consider whether the defendant is guilty of that offense. If you are not satisfied
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Wisconsin Criminal Jury Instructions (WCJI) 1070 ATTEMPTED FIRST DEGREE INTENTIONAL HOMICIDE — §§ 939.32, 940.01(1)(a) The defendant is charged with attempted first degree intentional homicide. Statutory Definition of the Crime The crime of attempted first degree intentional homicide, as defined in § 939.32 and § 940.01 of the Criminal Code of Wisconsin, is committed by one who, with
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