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NCJRS Abstract

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NCJ Number: 120754 Find in a Library
Title: Jury Instructions for Civil and Criminal RICO Cases
Journal: Brigham Young University Law Review  Volume:1987  Issue:1  Dated:(1987)  Pages:1-150
Editor(s): M Goldsmith
Date Published: 1987
Page Count: 150
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
Annotation: These RICO jury instructions are based upon existing caselaw and even on instructions which have been given and approved; however, little RICO jurisprudence presently deals only on a limited basis with jury instructions.
Abstract: Where differences among circuits call for different instructions, alternatives are provided. The instructions are arranged using section 1962 (c) -- which prohibits racketeering in interstate or foreign commerce -- as the framework for analysis. Instructions for section 1962 (b), section 1962 (a), section 1962 (d), forfeiture, and section 1964 (c) are provided as well, however the case law for these sections, especially in the area of forfeiture, is not yet well developed. The instructions do not include a specific scienter requirement, but indicate where such requirements should be inserted by the court. In all RICO cases, judges and lawyers need to draft instructions based on the case at hand, explaining its particular issues to the jury.
Main Term(s): Racketeer Influenced and Corrupt Organizations (RICO) Act
Index Term(s): Jury instructions
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