Criminal Model Jury Instructions

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Jury Instructions - Distinction Between Larceny & Possession of Stolen Property

Vermont Bar Association - Vermont Criminal Jury Instruction Committee - Model Instructions

NOTE: The VBA’s model instructions on 13 VSA 608 and 608(b) omit required elements relating to assault! Assault and robbery incorporates the elements of assault as established by 13 VSA 1023, but the model instructions are eliminating the requirement of “imminent” and “serious” in cases involving “attempts by physical menace to put another in fear of imminent serious bodily injury.” See 13 VSA 1023(a)(3).

State v. Powell, 158 Vt. 280 (1992) (“The crime consists of the combined elements of assault and larceny." See Statev. Francis, 151 Vt. 296, 307, 561 A.2d 392, 398-99 (1989). Thus, in the present case, the State's burden was to prove that defendant intentionally put the victim in fear of imminent, serious bodily injury and intentionally deprived him of money, intending to do so permanently. See id.”); State v. Francis, 151 Vt. 296, 307, 561 A.2d 392, 398-99 (1989) (“We hold therefore that the assault component of § 608 is properly understood to incorporate the elements of assault as defined in §§ 1023 and 1021.”)

Please do not rely on these model instructions for this offense and object, object, object if the court does!

Diminished Capacity

Contact Information

Office of the Defender General
6 Baldwin Street, 4th Floor
Montpelier, VT  05633-3301
(802) 828-3168
(802) 828-3163 (fax)

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