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Source Trial Rights Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

The prosecution charges one count of theft but presents evidence of three separate takings on different dates, any one of which could support the count.
What must happen to protect Delaware unanimity?

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When evidence shows multiple discrete acts that could each support one charged count, the prosecutor generally must elect the act or the court must give a unanimity instruction requiring jurors to agree on the same act. Delaware unanimity applies only to the defendant's identity, not to which discrete criminal act occurred. Jurors must agree on every evidentiary detail and every route of reasoning. A unanimity instruction is unnecessary whenever all acts occurred on the same day.

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