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to convict (jury) instruction

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kblow

Registered User
What is the name of your state? Washington
Murder in the first degree--
In a to convict instruction,
is it allowable to give the jury three-(3) different alternatives/means or ways as to what the defendant did--how the crime was committed, and allow each juror to decide or pick seperately from the three scenarios and tell them they do not have to be unanimous in which scenario they pick so long as each individual juror can find/ each agree that the elements have been proven in one of the choices? "...each and every element in either A or B or C has been proven....."
is this prejudical /
reversable error?
 


HomeGuru

Senior Member
kblow said:
What is the name of your state? Washington
Murder in the first degree--
In a to convict instruction,
is it allowable to give the jury three-(3) different alternatives/means or ways as to what the defendant did--how the crime was committed, and allow each juror to decide or pick seperately from the three scenarios and tell them they do not have to be unanimous in which scenario they pick so long as each individual juror can find/ each agree that the elements have been proven in one of the choices? "...each and every element in either A or B or C has been proven....."
is this prejudical /
reversable error?
**A: you may be confusing the jury.
 

abezon

Senior Member
This is acceptable and is even standard practice in WA. The jury must be unanimous as to which actions constituted the crime, but need not be unanimous as to which alternative form of the crime the def's actions satisfied. As long as there is some evidence to support each charged alternative method, any number of alternative methods may be included in the to convict instruction.

The def is entitled to a unanimity instruction only when the prosecution presents evidence of 2 or more separate actions, either of which may constitute the crime. In that situation, the jury must unanimously agree which action(s) supported the conviction. (Although the def does *not* get to find out which action the jury relied on.)
 

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