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Samples Of Issues And Instructions Included In FORECITE National

    Take, for example, a self-defense case in which the accused had received prior threats from the victim and/or his/her associates. Juryinstruction.com’s FORECITE National includes a whole volume on affirmative defenses and defense theories (Volume 11). Within that volume, in Chapter 253, is section 253.4.9 [Self Defense: Prior Acts Or Threats]. In that section are numerous notes and instructions relating to prior or antecedent threats. Take for example 253.4.9.1 [Prior Acts Or Threats: Right To Instruction]. This set of instructions includes Points and Authorities, citations necessary to federalize the request for the instruction, Use Notes, Research Notes, and Related Federal Model Instructions. Additionally, in the same section, there is a Practice Note, 253.4.9.9 [Failure To Give Prior Threat Instruction As Reversible Error], explaining that erroneous failure to instruct on antecedent threats is "presumed prejudicial," with supportive briefing and Research Notes.

    Additional samples:

Self-Defense
    253.4.2.1 [Self Defense As An Inalienable Right]
    253.4.2.4 [Self Defense: Showing Of Aggressive Character, Prior Threats, Etc., By Assailant Not Necessary]
    253.4.9  Self Defense: Prior Acts Or Threats
    250.2.2 [Defendant Need Not Testify To Obtain Instruction On Defense Theory]

Consciousness Of Innocence:
    35.1    Instruction On Consciousness Of Innocence; Absence Of Flight; Voluntary Surrender, Consent To Search, Etc.
    35.4    Consciousness Of Innocence Based On Rejection Of Immunity Offer

Eyewitness Identification:
    31.4.1    Eyewitness Identification: The Misconception That Witness Confidence Increases Reliability
    31.4.5    Juror Misconceptions Regarding Cross-Racial Identification

Battered Person Syndrome:
    256.1.3.1    Battered Person Syndrome As Relevant To Issue Of Imminent Danger
    256.1.3.2    A Previously Battered Person Has The Right To Act More Quickly And Harshly In Self Defense
    256.1.3.3    Battered Person Syndrome: Relevant To Both Subjective Belief And Objective Reasonableness Requirements Of Self Defense

Reverse 404(b):
    251.11.1    Reverse 404(b): Defense Theory That Defendant Didn't Commit Uncharged Similar Crime
    251.11.2    Reverse 404(b): Uncharged Acts In Support Of Third Party Guilt Defense Theory

AND THOUSANDS MORE AVAILABLE ONLINE!!!

 

© Copyright 1990-2010 Thomas Lundy, individually and doing business as JuryInstruction.com. All Rights Reserved. The authors of this publication are not engaged in rendering legal or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. The authors do not warrant that these materials are accurate, up to date or suitable for use in any particular case. Before using or relying on the materials in this publication the reader should conduct independent legal research and exercise independent judgment.