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Improper Jury Instruction on Law of Principals


August 24, 2009
Topic: Criminal

    A man convicted of battery in Duval County successfully challenged his conviction based on an improper response to a jury question.  At trial, after each party had made their closing arguments, the jury submitted a question to the judge.  They asked whether they could still find the Defendant guilty of a battery if they were not able to decide who had actually fired the weapon.  The judge responded by reading the standard jury instruction on the law of principals, which basically states that if a defendant helped another person commit a crime, the defendant is a principal and must be treated as if he had committed the crime.
    This instruction was damaging to the Defendant’s case because he was arrested and charged with a shooting that occurred at a flea market in Jacksonville, and, at the time of the shooting, the Defendant was standing in a group.  So, after the improper instruction, the same fact that was causing confusion among the jurors could then be used to convict the Defendant.
    The Defendant was convicted, and he appealed.  On review, the appellate court noted that the State never presented a theory of the case based on the law of principals.  Moreover, there had been no evidence offered at trial that suggested the Defendant worked in conjunction with anyone else to commit the crime.  Even at the time the jury was charged, no one requested that specific instruction.  Finally, and most importantly according to the court, the Defendant did not have the opportunity to challenge the claim that he was a principal.  For all of these reasons, the appellate court ruled that the Defendant was entitled to a new trial.
     The judge’s mistake in this case made the difference between an acquittal and a conviction.  Fortunately, the Defendant had an attorney who understood the impact of that mistake and appealed.  The criminal justice process is managed by people, and people can and will make mistakes.  If you are involved in this process, you need a trained professional at your side to make sure those mistakes are not made in your case.  The attorneys at Arnold & New have years of trial experience and will work diligently to protect your rights and ensure that you receive a fair trial.  Contact Arnold & New today.    

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