JURY INSTRUCTION DRAFTS - March 2010
If you have questions or comments, please contact please contact Jennifer M. Hauge at cjhauge@dishmail.net.
2010 NDJI-CRIMINAL K - NEW K -
[A person who [benefits financially] [receives anything of value] from knowingly
participating in [labor trafficking] [sex trafficking], is guilty of Human Trafficking.]
[A person who [promotes] [recruits] [entices] [harbors] [transports] [provides]
[obtains by any means], or attempts to [promote] [recruit] [entice] [harbor]
[transport] [provide] [obtain by any means], another person, knowing that the
person will be subject to [labor trafficking] [sex trafficking], is guilty of Human
Trafficking.]
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a
reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota, the
Defendant, ______________,
[2) [Benefited financially] [Received anything of value,]
3) From knowingly participating in [labor trafficking] [sex trafficking].]
[2) [Promoted] [Recruited] [Enticed] [Harbored] [Transported] [Provided]
[Obtained by any means], or attempted to [promote] [recruit] [entice] [harbor]
[transport] [provide] [obtain by any means], another person,
3) Knowing that the person would be subject to [labor trafficking] [sex
trafficking].]
[4) [The victim, _______________, is under the age of eighteen years].]
DEFINITIONS
[Insert relevant definitions 12.1-40-02; 12.1-02-02.]
* * * * *
NDCC 12.1-40-01
NOTE: An offense under this section is a class AA felony if the person subject to human trafficking
is less than eighteen (18) years of age. Otherwise, the offense is a class A felony. If the person
subject to human trafficking is under the age of eighteen (18) years, it is no defense that the actor
did not know the child's age or reasonably believed the child to be eighteen (18) years of age or
older.
2010 NDJI-CRIMINAL K - 5.51
Duty to Accept Law From Court
While you are the sole judges of fact in this case, it is your duty to accept the law
as it is given to you by the Court in these instructions and to apply the law to the
facts as you shall find them to have been proved. You have no right to disregard
the law and look for any theory unsupported by credible evidence upon which to
build a verdict one way or the other, nor to return a verdict based upon your own
notions of what the law is or ought to be.
* * * * *
State v. McClary, 2004 ND 98, 679 NW2d 455
2010 NDJI-CRIMINAL K - 11.35
Defrauding Secured Creditor
(False Statements)
A person who knowingly makes one or more false statements about the
existence of a security interest at the time of sale of property that is subject to a
security interest is guilty of defrauding a secured creditor.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a
reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota, the
defendant sold [describe property].
2) The [described property] was subject to a security interest.
3) At the time of the sale of the [described property] the defendant
knowingly made one or more false statements about the existence of the security
interest.
[4) The defendant did not honestly believe to have a claim to the
[described property] which could be validly asserted.]
[5) The value of the property exceeded five hundred dollars.]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-23-10.]
* * * * *
NDCC 12.1-23-08(3); 12.1-23-09
State v. Heintze, 482 NW2d 590 (ND 1992)
State v. Miller, 357 NW2d 225 (ND 1984)
NOTE: Relevant definitions must be provided.
The bracketed language in paragraph 4 should be used only if there is evidence in the
case sufficient to give rise to a reasonable doubt on the issue. In paragraph 4 "a claim" means an
unencumbered property interest, but see the statutory language.
The bracketed language in paragraph 5 should be used if a Class C felony is charged.
Otherwise, the offense is a class A misdemeanor. Value is determined by reference to Section
12.1-23-05(6), NDCC.
1999 NDJI-CRIMINAL K - 14.00
(2010 - reviewed, no changes)
Fleeing or Attempting to Elude a Peace Officer
The driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a
stop, or who otherwise flees or attempts to elude, in any manner, a pursuing
police vehicle or peace officer, when given a visual or audible signal to bring the
vehicle to a stop, is guilty of fleeing or attempting to elude a peace officer.
ESSENTIAL ELEMENTS OF THE OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a
reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [City] [County], North Dakota;
2) The Defendant, _______________, drove a motor vehicle; and
3) Willfully failed or refused to bring the vehicle to a stop or otherwise fled or
attempted to elude, in any manner, a pursuing police vehicle or peace officer,
when given a visual or audible signal to bring the vehicle to a stop.
The signal must be perceptible to the driver and:
1) if given from a vehicle, the signal must be given by hand, voice,
emergency light, or siren, and the stopping vehicle must be appropriately marked
showing it to be an official police vehicle; or
2) if not given from a vehicle, the signal must be given by hand, voice,
emergency light, or siren, and the officer must be in uniform and must
prominently display the officer's badge of office.
DEFINITIONS
[Insert relevant definitions. NDCC 39-01-01.]
* * * * *
NDCC 39-10-71
2010 NDJI-CIVIL C - 55.12
Negligence of Agent Chargeable to Principal
Defendant, [name of alleged agent], was an agent of the Defendant [name of
alleged principal], and was acting in the course of [name of alleged agent's]
employment and within the scope of [name of alleged agent's] authority at the
time of the mishap.
In this case, [the name of principal] is responsible to third persons for the
negligence of [the name of the agent] in transacting the business of the agency,
including wrongful acts committed by [the name of the agent] in and as a part of
transacting the business.
* * * * *
NDCC 3-03-09
See NDJI C - 55.13, Employer Responsible for Fault of Employee
NOTE: Modify this instruction for authorized or ratified acts and in "ridesharing" situations.
2010 NDJI-CIVIL C - 80.05
Testimony of Expert
An individual who has certain scientific, technical, or other specialized knowledge
that will assist the jury in understanding the evidence is an expert and may testify
to that knowledge in the form of an opinion or otherwise. A witness qualifies as
an expert by special knowledge, skill, experience, training, or education.
While you need not accept the testimony of an expert [as to value], you should
consider that testimony the same as you would the testimony of any other
witness [as to value] and give it such weight and credibility as you think it
deserves in the light of all of the circumstances.
If you conclude that the opinions and inferences of an expert are not based on
sufficient knowledge, skill, experience, training, or education, or the reasons
given in support of the views are unsound or that the testimony is outweighed by
other evidence, you may disregard the testimony.
* * * * *
NDREv 702, 703, 705
NOTE: Compare NDJI C - 80.08, Testimony of Landowner.
2010 NDJI-CIVIL C - 80.12
Interrogatories
Interrogatories are written questions asked by one party to another before trial
and answered under oath. The questions and answers may be read at trial.
The answers read to you are testimony under oath and are entitled to the same
consideration that you give any other testimony.
* * * * *
See Civ UJI 13-204, NMRA