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Could the prosecution add the definition of a term in a statute when the definition is not included in that statute?
Anonymous10 views3 answers
For example, someone is charged of "unlawful maintenance of vehicle" but the definition of unlawful is not included in the statute itself; however, it is defined somewhere else in the chapter. Could the jury be instructed on the definition as element of the crime when the term itself is not defined within the statute?
Yes. I fact the model jury instructions put out by the Supreme Court routinely include them. Generally, unless something is defined in the statute, it's definition somewhere else in the code controls.
Mark Andrew Nickel Jr.Family Law AttorneyYorkville, IL ·
Generally there is a definitions section separate from each individual statute that lays out the meanings of certain words or phrases that are used in multiple sections. What the prosecutor is doing is likely ok.
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
Yes, the jury can be instructed on the definition of any term in a statute. Most criminal codes are set up with a definition section at the beginning or end of chapters so the definition are not always included in the specific section you are accused of violating, but are incorporated.
