CSPAN3 Key Capitol Hill Hearings January 17, 2015
That is correct. So if thats the case, isnt the jury acting like a reasonable person in looking at the words and circumstances and saying did he intend this or didnt he . I dont know what the difference between the standard given and the one the instruction you want. As the government put it in this case, in the Closing Argument under the instruction that was given it doesnt matter what the defendant thinks. What matters is whether a reasonable person would foresee that the listener would be placed in fear. How is that different from what you intend . If you know, if a reasonable persons going...