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Criminal Jury Instructions

Criminal Jury Instructions Home

2.12-3 Commission of a Crime while on Release -- 53a-40b

New, May 20, 2010

In the second part of the information, the defendant has been charged with committing a crime while on release. A person is guilty of committing a crime while on release when (he/she) commits a crime after (he/she) has been released from custody following an arrest and there are criminal charges pending against (him/her).

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Current conviction
The first element is that the defendant has been convicted of a crime in this case. The verdict you just rendered, finding the defendant guilty of <insert crime>, satisfies this element.

Element 2 - On release
The second element is that at the time the defendant committed the crime of , (he/she) was on release. This means that (he/she) had been arrested and was released from custody with criminal charges pending against (him/her).<Insert specific allegations.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant has been convicted of a crime, and that (he/she) was on release.

You will now return to the deliberation room to consider this question. I am sending in with you a form on which to record your answer. Your decision must be unanimous. Your foreperson should check the appropriate answer and sign and date the form. Refer back to and use the instructions I previously gave you on burden of proof, presumption of innocence, and reasonable doubt.

Commentary

It is recommended that the factual question of the defendant's status at the time of the commission of the offense be submitted to the jury by way of an interrogatory after it has rendered its verdict on Part A of the information. Below is an example of the text of the interrogatory:

INTERROGATORY 

Has the state proven to all of you unanimously beyond a reasonable doubt that the defendant was on release when (he/she) committed the crime of <insert crime>?

                                                                       Yes _____                             No _____ 

                                                          _________________________________________  

                                                          Foreperson                                                 Date 

N.B. Foreperson must sign and date in ink.      


 

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