In Re: Standard Jury Instructions in Criminal Cases – Report No. 2013-05

Summary

The court authorized amended and new standard criminal jury instructions concerning drug offenses for publication and use, but rejected proposed language suggesting that lack of knowledge of a controlled substance's presence could be treated as an affirmative defense. The court held that knowledge of presence remains an element of drug-related offenses, although whether it applies to a particular offense may depend on the governing statute, precedent, and case circumstances. The court otherwise approved the proposed instructions as set forth in the appendix.