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Jury Instruction Corner
The question of specific juror unanimity/duplicity continues to surface on a regular basis. Thomas Lundy discusses issues related to appellate review of specific unanimity claims, including the bases upon which reviewing courts hold specific unanimity error to be harmless. Jury unanimity is a constitutionally based concept — a defendant is entitled to a verdict in which all jurors concur, beyond a reasonable doubt, as to each count charged. “Duplicity,” another term used to describe this doctrine, is the joining in a single count of two or more distinct and separate offenses.
By Thomas Lundy in April 2012
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy October 2000 41 Flight Evidence and Jury Instructions: Ideas for Clipping the Prosecution's Wings The decision in Illinois v. Wardlow (1/12/00, No. 98-1036) ___ US ___], although it was in the context of a detention issue, illustrates the crucial role evidence

By Thomas Lundy in October 2000
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy December 2000 48   Obtaining Instruction on Non-Included Lesser Offenses A common defense strategy is to provide the jury with a lesser offense option so that it is not presented with an unwarranted “all or nothing” choice. (See Beck v. Alabama, 447 U.S. 625

By Thomas Lundy in December 2000
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy March 2001 39 Inept Police Work Impacts Prosecution's Evidence As the Supreme Court noted in Kyles v. Whitley (1995) 514 US 419 [131 L.Ed. 2d 490, 115 S. Ct. 1555] “when ... the probative force of evidence depends on the circumstances in which it was obtained

By Thomas Lundy in March 2001
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy May 2001 39   Part I: The Inherent Limitations Of Pattern Instructions This is the first in a series of articles addressing the role of standard pattern instructions in American criminal jurisprudence. It is the premise of these articles that judges and prac

By Thomas Lundy in May 2001
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy July 2001 46 Part II: Strategies for Persuading the Trial Judge To Modify or Supplement Pattern Instructions This article is adapted in part from FORECITE National, Chapter 1 Strategies For Making Jury Instructions Part Of The Adversarial Process. This is the

By Thomas Lundy in July 2001
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy September/October 2001 49   Part III: Jury Instruction Strategies When The Judge Says ‘No’ © 2001, FORECITE® Legal Publications, all rights reserved. Resiliency in the face of rejection is a characteristic of successful people in general, and criminal defens

By Thomas Lundy in September/October 2001
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy December 2001 33   Juror Anonymity: Issues And Instructions Juror Anonymity Improper Without Good Cause Trial by an anonymous jury is a “drastic measure, one which should be undertaken only in limited and carefully delineated circumstances.” (U.S. v. Ross

By Thomas Lundy in December 2001
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy March 2002 43 Reverse 404(b) Instructions: Using Uncharged Acts Or Misconduct To Bolster the Defense The defendant's uncharged acts or crime can be a powerful weapon for the prosecution. Typically, standard cautionary and limiting instructions are available wh

By Thomas Lundy in March 2002
Category: The Champion Magazine
Jury Instruction Corner

Jury Instruction Corner Thomas Lundy September/October 2002 56 Witness receiving personal inducements from prosecution: cautionary instructions 1. Rationale And Case Authority For Cautionary Instructions Regarding Witnesses Receiving Inducements A cautionary instruction may be appropriate

By Thomas Lundy in September/October 2002
Category: The Champion Magazine
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