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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Criminal) 5.11

Diminished Capacity

activein force · 2026-08-20 – presentas-observed

Evidence has been admitted that the defendant may have [been intoxicated] [suffered from diminished capacity] at the time that the crime charged was committed. [Intoxication can result from being under the influence of alcohol or drugs or both.]

You may consider evidence of the defendant’s [intoxication] [diminished capacity] in deciding whether the government has proved beyond a reasonable doubt that the defendant acted with the intent required to commit [specify crime charged].

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
eca00672b232c1cda43b6feebd9222785c34b76b7221398eb6cfecd1873e91f3
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