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Jury instruction jurisprudence attempts to draw a “bright line” distinction between terms that have a technical, specialized legal meaning and those that are defined by their common dictionary meaning.
Jury Instruction Corner Thomas Lundy
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.
Duplicity -- Part Three Thomas Lundy Jury Instruction Corner October 2000 45 Juror Unanimity and Predicate Facts This is the third installment of Jury Instruction Corner on duplicity and juror unanimity. The first article discussed the constitutional and statutory underpinnings of the doctrine, an
Duplicity: Roots of the Rule Requiring Juror Unanimity as to each Discrete Offense Shown by the Evidence
Jury Instruction Corner
Instructing the Jury to Find 'Each Element' or 'Every Element' of the Charge
Jurors Must Unanimously Reject Defenses Before Convicting Thomas Lundy
Keeping Alive The Adversarial Process Under CALCRIM; Different Committee--Same Challenge Tom Lundy
Motive Evidence : Defense Theory Instructions - Part Two Thomas Lundy
Motive Evidence : Issues And Instructions (Part 1)
Challenging Instructions Which Define the Trail in Terms of 'Seeking the Truth' Thomas Lundy
Agard Agony; Right to Cautionary Jury Instructions Thomas Lundy