Does the phrase "you may determine" apply to jury instructions in civil cases?
MultiRegion, United States of America
The following excerpt is from Evans v. Lewis, 855 F.2d 631 (9th Cir. 1988):
4 No federal cases have been found explicitly analyzing the phrase "you may determine." However, one federal court has reviewed and upheld jury instructions that included this phrase. See Niziolek v. Ashe, 694 F.2d 282, 292 (1st Cir.1982) ("[Y]ou may determine the defendant's intent from any statement or act done or act omitted....").
5 In contrast, the state sought to establish several aggravating factors.
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