FORECITE National™
Instructions And Issues Omitted
By The Pattern Instructions
ARTICLE BANK TABLE OF
CONTENTS
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18 Table of Contents - Go to Chapter
306 Table of Contents
Article # A-1 Instruction on Lesser Included
Offenses Over Defense Objection; Instruction on Bias of Police Witness Due to
Potential Receipt of Forfeiture Proceeds; Pinpoint Instruction Strategies
Article # A-2 Adventures in the Wonderland of
Specific Intent
Article # A-3 GUITON ALERT:
Trial And
Appellate Strategies Now That Defendant Has Burden To Show Prejudice From A
Factually Insufficient Theory
Article # A-4 COLANTUONO
Article # A-5 Proposed Instructions Regarding DUI
Presumptions Set Forth In VC § 23155(a)
Article # A-6 CALJIC 2.90 (1994 REVISION) SHOULD
DEFINE THE TERM "ABIDING CONVICTION" TO AVOID CONFUSION WITH THE CLEAR
AND CONVINCING EVIDENCE STANDARD
Article # A-7 Jurors Must Unanimously Reject Any Defenses Before
Convicting
Article # A-41 Shackling Or Physical Restraint Of Defense Witness: Issues And
Instructions
Article # A-42 Witness Receiving Personal Inducements From Prosecution:
Cautionary Instructions
Article # A-43 Propriety Of Permitting Jurors To Submit Questions For
Witnesses; Instructional Safeguards To Consider If Juror-Authored Questions Are
Allowed
Article # A-44 The Prosecution’s Burden Of Proof Is Not Satisfied By
Equally Conflicting Inferences That Are In A State Of Equipoise
Article # A-45 Comparison Of Standards: A Strategy For Explaining Proof
Beyond A Reasonable Doubt
Article # A-46 Third Party Guilt: The Crucial Role Of
Defense Theory
Instructions
Article # A-47 The Second Amendment And Firearm Liability Under 18
U.S.C.
922(g)(3):
Defining An "Unlawful User" Of Drugs
Article # A-48 Partial Verdicts: Issues and Instructions
Article # A-49 Affirmative Defenses: Avoiding The "All-Or-Nothing"
Trap
Article # A-50
Agard Agony
Article # A-51
Witness Credibility And The Presumption Of Innocence:
Challenging Standard Pattern Instructions Which Define The Trial In Terms Of
"Seeking The Truth"
Article # A-76 "Postconviction
DNA Testing: Recommendations for Handling Requests A Report From The National
Commission on the Future of DNA Evidence," (September 1999), U.S.
Department of Justice Office of Justice Programs, National Institute of Justice
Article # A-78 Re: 256.7.3.17 Post Partum Disorders
Article # A-81a Re: 1.2.1 Instruction Preparation Helps With Pre-Trial Strategy
And Investigation
Article # A-81b Re: 1.2.2 Instruction Preparation Helps With Plea Bargaining
Article # A-81c Re: 1.2.6 Instruction Preparation Helps With The Opening
Statement
Article # A-81d Re: 1.2.7 Instruction Preparation Helps With Argument Or
Summation To The Jury
Article # A-81e Re: 1.3.4 Pattern Instructions May Lull Judges And Lawyers Into
Complacency
Article # A-81f Re: 1.4.2 Review The Pattern Instructions Critically And
Skeptically
Article # A-81g Re: 1.4.5 Seek Preliminary Instructions
Article # A-81h Re: 1.4.6 Model Proposed Instructions On Published Opinions
Article # A-81i Re: 1.4.7 Avoid Argumentative Instructions
Article # A-81j Re: 1.4.8 Relate The Law To The Facts
Article # A-81k Re: 1.4.9 Compare Alternatives And Explain Differences
Article # A-81l Re: 1.4.10 Keep Instructions Simple And Short
Article # A-81m Re: 272.5.5 Circumstances Where Cautionary And Limiting
Instructions May Be Effective
Article # A-89 Re: 1.4.14 Strategies For Persuading The Trial Judge To Modify Or
Supplement The Pattern Instructions
Article # A-91a Re: 251.11.1 Reverse 404(b): Defense Theory That Defendant
Didn't Commit Uncharged Similar Crime
Article # A-91b Re: 251.11.2 Reverse 404(b): Uncharged Acts In Support Of Third
Party Guilt Defense Theory
Article # A-92a Re: 1.3.10 Limitation Of Pattern Instructions: Article
Article # A-93 Re: 1.4.15 Jury Instruction Strategies: Article
Article # A-97
Re: FORECITE National™ 29.3.1 Challenging Prosecution Forensic Evidence