Arias Trial- Jury Instructions 5/2

This is not a transcript, I have paraphrased.

  1. The jurors get a copy of the instructions. These will be returned and shredded at the end.2. Apply the facts. These are rules you should use. Get what actually happened from evidence in court. Verdict should not be based on sympathy or prejudice. Consider all instructions.
  2. The openings and closings are not evidence.
  3. A stipulation can be accepted/rejected.
  4. Disregard sustained/stricken testimony.
  5. The state has the burden beyond a reasonable doubt. Beyond a reasonable doubt-firmly convinced. There are few things we know with absolute certainty. If convinced of guilty find her guilty. If benefit of doubt find not guilty.
  6. Ignore statements of law enforcement if coerced.
  7. Don’t consider the punishment.
  8. Defense doesn’t have to provide any evidence.
  9. You can believe all/part or none of testimony based on what’s seen, heard, memory and quality of memory. Consider manner, motive and bias.

10. Use common sense and experience.

11. Evidence can be direct or circumstantial.

12. Expert should be judged like other witnesses.

13. Evidence of other acts are present. To establish motive plan, not character.

14. Witness if police same as any other witness.

15. Defendant’s testimony same as any other witness.

16. Don’t need motive.

17. 1st Degree:

–       Defendant caused the death.

–       Defendant intended/knew would kill another human being, reflected on that thought before killing. Reflection time may be short.

18. 2nd Degree:

–       If cannot agree on 1st.

–       Proof of intentional death.

–       Intentionally knew would injure /result in death.

–       Extreme indifference to human life- reckless.

–       Doesn’t require pre-meditation.

–       If you have a reasonable doubt about 1st vs. 2nd degree.

19. Sudden quarrel/Heat of passion

–     Adequate provocation.

–     Words aren’t adequate.

–     There must be no cooling off period.

–     Sudden quarrel-provoked.

Must find guilty of Manslaughter.

20. 1st  Degree-felony murder

–       Committed burglary.

–       Caused death in course of burglary/ or in flight.

–       Intentionally did something to culminate if the offense.

–       Entered unlawfully.

–       Did so to commit felony.

–       Objective to engage in that conduct.

–       Not necessary to be unanimous in both 1st –Pre-med and 1st –felony. If not the jurors must write the numbers on the verdict form.

21. Justified/Self Defense

–       A reasonable person would believe deadly force necessary.

–       Defendant use no more force than necessary to a reasonable person.

–       Only to protect against deadly physical force.

–       When the danger ends you stop.

–       Justified if reasonable person would believe they would have been dead.

–       Legal right to be there.

–       Not engaged in unlawful act.

–       State has burden defendant didn’t act with justification.

–       Consider-type of relationship, length, frequency (contact), and length of time.

4 thoughts on “Arias Trial- Jury Instructions 5/2

  1. MJ

    Hi, again. Don’t know about you, but I have been glued to my t.v. all day. As far as what’s next I don’t know what other posters would like. I’ll probably be watching whichever trial HLN covers.

    I’ve been watching trials since the O.J. trial. I used to watch on Court TV. They just went to commercials whenever they had them planned no matter what was going on in the trial. I then watched a few with live/streaming coverage. At that time, the Court TV website was very active and we had lots of fun cussing and discussing the trials.

    Unlike many posters, I really like the breaks that HLN has. They give me a chance to throw a load of clothes in the washer, grab a cup of coffee, etc..

    Whatever, you decide I’ll keep up with your blog! Have a good evening. See you tomorrow.
    MJ (My name is Margarett, but most of my friends call me MJ…it’s a Southern thing. LOL)

    1. edimminger Post author

      Hey MJ! Great to get your input…I am sitting here with 42 pages of hand writtne notes of Martinez’s closing argument. I was going to type it up but I use 2 fingers and it would take hours…not sure what to do. Maybe in parts. Feedback has been the Zimmerman case and the Sneiderman case. I will check out both…

  2. JZ

    Get your finders ready!! Yes Zimmerman starts on June 10th and Schneiderman starts July 29th. I trust neither will go as long as this one. Zimmerman’s will likely be the shortest. Like you Margaret, I have been watching trials for decades. I actually started with the Iran Contras (am I that old??? LOL). I remember watching the sexual harassment trial of Clarence Thomas too. HLN, I believe, had to step up the commercials due to their release of In Session. They needed to make up the income from advertisers. I think it would be better to just keep the trial running though, like Court TV always did. Even during Casey Anthony, when the coverage switched to HLN at 3pm Eastern, they didn’t pause it. It’s just too long when they stop it.
    Anyway, I am glad to see that you are interested in blogging the other trials, E. You really do a great job (I know I keep saying it, but it’s true) and it is, by far, the easiest to follow. I always share the link with my fellow trial junkies each day. I work during the day but have a lot of flexibility in my schedule to be able to stop home during the day and catch some, so this fills in the blanks for me without having to watch an entire You Tube video. If I can ever be of assistance, let me know.
    Thanks again (and again and again)

    1. edimminger Post author

      Jill–Thanks….and thanks for sharing my posts! I remember Clarence and the Coke with a hair…eewww. I think HLN made out like bandits on this one. All those commercials! And thanks, again for the kind words, I don’t hear it as often as you might think, so it really means a lot. It keeps me going! Looking forward to Sneiderman…should be good! Oh, and can you please do Nurmi’s closing arguments for me? Just kidding- I think I’m gonna skip him!


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