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  1. 16.2 Murder—Second Degree (18 U.S.C. § 1111)

    ... passion).               If there is evidence that the defendant acted in self-defense, see Instruction 5.10 (Self-Defense).             Evidence that the defendant acted upon a sudden quarrel or heat of passion ...

  2. 9.28 Particular Rights—Eighth Amendment—Convicted Prisoner's Claim of Failure to Protect

    ... must prove the following elements by a preponderance of the evidence:                First, the defendant made an ... raised genuine issues on Eighth Amendment claim in light of evidence that one guard escorted three hostile, half-restrained, high-security ...

  3. 9.31 Particular Rights—Fourteenth Amendment—Pretrial Detainee's Claim of Failure to Protect

    ... the following additional elements by a preponderance of the evidence:  First, he defendant made an intentional decision regarding ... officials unless the record contains substantial evidence showing [that] their policies are an unnecessary or unjustified ...

  4. 5.6 Insanity

    ... of proving the defense of insanity by clear and convincing evidence.  Clear and convincing evidence of insanity means that it is highly probable that the defendant was ...

  5. 6.4 Insanity

    ... of proving the defense of insanity by clear and convincing evidence. Clear and convincing evidence of insanity means that it is highly probable that the defendant was ...

  6. 2.7 Disputed Transcript of Recording in Foreign Language

    ... A transcript of the recording has been admitted into evidence. The transcript is an English-language translation of the recording. ... the reasonableness of the translation in light of all the evidence in the case.             Although some of you may know ...

  7. 17.7 Copyright Infringement—Copyright Registration Certificate (17 U.S.C. § 410(c))

    ... the Copyright Office.                 The evidence in this case includes Exhibit ___, a certificate of copyright ... facts.                If you find that the evidence presented by [ state the name of defendant(s) ] disproves either ...

  8. 5.5 Punitive Damages

    ... has the burden of proving by [a preponderance of the evidence] [clear and convincing evidence] that punitive damages should be awarded and, if so, the amount of any ...

  9. 3.15 Dual Role Testimony

    ... the reasons given for the opinion, and all the other evidence in the case. You also should [pay careful attention as to ... the reasons given for the opinion, and all the other evidence in the case. Other opinion testimony you [will hear] [have ...

  10. 1.2 The Charge—Presumption of Innocence

    ... brings against the defendant.  The indictment is not evidence and does not prove anything.            The ... silent and never has to prove innocence or present any evidence.           [To help you follow the evidence, I will ...

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