Can a jury convict on count two of the section 848(a) of the Mental Health Act if it finds that each element of the violation is proven beyond a reasonable doubt?
The following excerpt is from U.S. v. Scarpa, 913 F.2d 993 (2nd Cir. 1990):
No such direction occurred here. Reading the challenged instruction in context, as we must, see Cupp v. Naughten, 414 U.S. 141, 146-47, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973), we conclude that the district court clearly instructed the jury that it could convict on count two only if it found that each element of a section 848(a) violation was proven beyond a reasonable doubt as to the defendant in question. Accordingly, no error is presented by the jury charge on count two.
H. Psychiatric examination.
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