Jimmy is charged with aggravated assault with a firearm. One of the elements of this crime requires the prosecutor to prove the defendant used a firearm in the commission of the assault. During the trial, the prosecution entered the firearm itself (taken from the defendant at the time of his arrest) into evidence. The firearm is a handgun, Glock model 22, 40 caliber. At the charge conference later in the trial, the judge notes that she intends to read to the jury the standard firearm definition given in all cases involving firearms. That instruction reads: A "firearm" means any weapon [including a starter gun] which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. The prosecutor then asks the court to take judicial notice that a "Glock 22 is a .40 caliber handgun" and asks the court to give the jury an instruction telling them the court has judicially noticed the fact a Glock 22 is a handgun and they must find this as a fact in their deliberations.

Discuss fully the issues with the request from the prosecutor as well as the instruction as it relates to the assigned readings. (FRE 201)

Answer rating: 100% (QA)

The request from the prosecutor to take judicial notice that a Glock 22 is a 40 caliber handgun and to instruct the jury accordingly raises several is... View the full answer