A look at the court’s draft jury instructions

Not long after the racketeering trial of former Honolulu business owner Michael J. Miske Jr adjourned for the day Friday afternoon, a lengthy draft of instructions that will eventually guide members of the jury through their deliberations was filed in court.

The jury instructions are the detailed explanations of the law that will frame their eventual decisions on guilt or innocence. This draft runs for 176 pages, a reflection of the complexities of the case and the complications in the racketeering and conspiracy charges.

The court’s draft is based on instructions that were agreed upon by the government and the defense, as well as their arguments they made when there was disagreement. Additional legal arguments will be considered by the court before this set of instructions is finalized.

With the trial expected to take several more months, there’s ample time to sort out the remaining issues.

For those looking at this case from the outside, these instructions are a reminder of the tension between the rights of the defendant and the rule of law.

The first 26 instructions are concise statements of legal basics necessary to do the job of the jury.

The indictment describes the charges. It is not evidence.

The government has the burden of proving every element of the charges beyond a reasonable doubt, but not beyond all possible doubt.

What lawyers say is not evidence, and it is not binding on the jury.

The jury must consider both direct and circumstantial evidence, and can give both equal weight, and must decide to what extent each witness is credible or believable.

The list seems to go on and on.

Use the link below to read through these first twenth-six broad instructions.

Tomorrow, a look at the complexities of RICO, or the Racketeering and Corrupt Organizations Act.

jury instructions 1-26 court draft


Discover more from i L i n d

Subscribe to get the latest posts sent to your email.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.