NATIONAL
CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
VOLUME 8: SENTENCING ENHANCEMENTS AND SPECIAL ALLEGATIONS (Chapters 115-124)
TABLE OF CONTENTS
Chapter 115: Sentencing Enhancements
115.1 Sentence Enhancements: General Principles
115.1.1 Sentencing Enhancements: Links To Other Sources [Reserved]
115.1.2 Sentencing Enhancements: Federal Circuit Model Instructions And Notes [Reserved]
115.1.3 Non Recidivist Sentence Enhancements
115.1.4 Recidivist Sentence Enhancements: Prior Convictions
115.1.5 Sentence Enhancements: Juror Unanimity
115.1.6 Sentence Enhancements: Jury Should Consider Substantive Offense First Before Considering Enhancement
115.1.7 Sentence Enhancements: Double Jeopardy/Collateral Estoppel As Defense Theories
115.1.8 Separate Consideration For Each Defendant: Applicability To Sentence Enhancements
115.1.9 Sentence Enhancements: Prior Prison Term -- Multiple Convictions Constitute One Term
115.1.10 Sentence Enhancements: Defense Theory That Prior Conviction Was Not Adjudicated Prior To The Current Offense
115.2 Sentence Enhancements: Applicability Of Federal Constitution
115.2.1 Nonrecidivist Sentence Enhancement: Applicability Of Federal Constitution
115.2.2 Recidivist Sentencing Enhancements: Applicability Of Federal Constitutional Rights To Prior Convictions
115.3 Sentence Enhancements: Special Verdicts
115.3.1 Sentence Enhancements: Special Verdicts -- General Principles
115.3.2 Sentence Enhancements: Special Verdicts -- Jury Unanimity
Chapter 116: Applicability Of Lesser Included Offense Principles To Sentencing Enhancements
116.1 Lesser Sentencing Enhancement As Defense Theory To Charged Greater Enhancement Allegation
116.2 Application Of Reasonable Doubt Rule To Choice Between Sentence Enhancements
116.3 Choice Between Firearm Use And Arming Allegations
Chapter 117: Sentence Enhancements: Use Or Carrying Of A Weapon Or Firearm
117.1 Use Or Carrying Of A Weapon Or Firearm: Links To Other Sources
117.1.1 Use Or Carrying Of A Weapon Or Firearm: Cross References And Research Notes
117.1.2 Use Or Carrying Of A Weapon Or Firearm: Federal Circuit Model Instructions And Notes
117.2 Use Or Carrying Of A Weapon Or Firearm: Miscellaneous Issues
117.2.1 Federal Firearm Enhancement: Failure To Include Type Of Firearm In Indictment Is Jurisdictional Defect
117.3 Use Or Carrying Of A Weapon Or Firearm: Defenses And Defense Theories
117.3.1 Use Or Carrying Of A Weapon Or Firearm: Defense Theory That Mere Possession Of The Weapon Was Not "Active Employment"
117.3.2 Use Of Firearm: Lack Of Personal Use As Defense Theory
117.3.3 Use Of Firearm: Defense Theory That Display Of Firearm Did Not Include Express Or Implied Threat To Use The Firearm
117.3.4 Use Or Carrying Of A Weapon Or Firearm: Not Applicable To Exfelon In Possession Of A Firearm
117.3.5 Use Or Carrying Of A Weapon Or Firearm: Lack Of Nexus Between The Weapon And The Crime As Defense Theory
117.3.6 Use Or Carrying Of A Weapon Or Firearm: Additional Defenses And Defense Theories
117.4 Use Or Carrying Of A Weapon Or Firearm: Lesser Offenses
117.4.1 Use Or Carrying Of A Weapon Or Firearm: Defense Theory That Arming Is Lesser Included Charge
Chapter 118: Sentence Enhancements: Armed With Firearm Or Weapon
118.1 Armed With Firearm Or Weapon: Links To Other Sources
118.1.1 Armed With Firearm Or Weapon: Cross References And Research Notes [Reserved]
118.1.2 Armed With Firearm Or Weapon: Federal Circuit Model Instructions And Notes [Reserved]
118.2 Armed With Firearm Or Weapon: Miscellaneous Issues
118.2.1 Armed With Firearm Or Weapon: Knowledge Requirement
118.2.2 Armed With Firearm Or Weapon: Two People Can Be Personally Armed With One Firearm
118.2.3 Armed With Firearm Or Weapon: Having Firearm Within Reach Does Not Conclusively Establish Arming
118.3 Armed With Firearm Or Weapon: Defenses And Defense Theories
118.3.1 Armed With Firearm Or Weapon: Defense Theory That Firearm Was Not Close At Hand And Readily Accessible
118.3.2 Armed With Firearm Or Weapon: Unintentional Possession As Defense Theory
118.3.3 Armed With Firearm Or Weapon: Requirement That Weapon Be “Within The Defendant’s Reach”
118.3.4 Armed With Firearm Or Weapon: Defense Theory That Firearm Was Inoperable
118.3.5 Armed With Firearm Or Weapon: Defense Theory That Weapon Was Unloaded
118.3.6 Armed With Firearm Or Weapon: Additional Defenses And Defense Theories
118.4 Armed With Firearm Or Weapon: Lesser Offenses
118.4.1 Armed With Firearm Or Weapon: Defense Theory That Arming Is Lesser Included Charge
Chapter 119: Other Enhancements [Reserved]
Chapter 120: Career Criminal, RICO, Three Strikes, Etc.
120.1 RICO [Reserved]
120.2 Continuing Criminal Enterprise (CCE)
120.2.1 Continuing Criminal Enterprise (CCE): Links To Other Sources
120.2.1.1 Continuing Criminal Enterprise (CCE): Cross References And Research Notes
120.2.1.2 Continuing Criminal Enterprise (CCE): Federal Circuit Model Instructions And Notes
120.2.2 Continuing Criminal Enterprise: Miscellaneous Issues
120.2.2.1 Continuing Criminal Enterprise: Jury Must Unanimously Agree On Predicate Offenses
120.2.3 Continuing Criminal Enterprise: Defenses And Defense Theories
120.2.3.1 Continuing Criminal Enterprise: Defense Theory That "Buyer-Seller" Relationship Is Insufficient
120.3 Three Strikes
120.3.1 Three Strikes: Links To Other Sources
120.3.1.1 Three Strikes: Cross References And Research Notes
120.3.2 Three Strikes: Federal [Reserved]
120.3.3 Three Strikes: States
120.3.3.1 California Three Strikes Materials Available
120.3.3.2 Instructing The Jury Regarding Defendant's Liability For Three Strikes Sentencing
120.3.3.3 Comment Or Instruction To Jury Regarding Three Strikes
120.3.3.4 Four Justices Of U.S. Supreme Court Suggest The Possibility Of Future Three Strikes Review
120.3.3.5 8th Amendment Challenge To Life Sentence For Petty Theft Rejected
Chapter 121-124: [Reserved]
Chapters 125-249: [Reserved] |
