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Pattern Criminal Jury Instructions: Report of the Federal Judicial Center Committee To Study Criminal Jury Instructions

NCJ Number
110372
Author(s)
P H Marshall; T A Flannery; P E Higginbotham
Date Published
1982
Length
83 pages
Annotation
These criminal jury instructions and accompanying commentaries were prepared by a Federal Judicial Center committee and are intended to be comprehensible to laypersons.
Abstract
They were prepared in the context of uncertainty about the proposed revision of the Federal Criminal Code and are therefore limited to matters that are unlikely to be changed by the enactment of a new code. Thus, the instructions do not include the definitions or elements of commonly prosecuted crimes and make only brief mention of frequently encountered defenses. The instructions include a standard preliminary instruction before trial as well as optional additions relating to the questioning of witnesses by jurors, note-taking by jurors, and the fact that the jury is not to consider punishment. The volume also includes 21 types of instructions for use during trial. Several dozen instructions relating to the charge focus on the role of the judge and jury, the definition and evaluation of evidence, proof beyond a reasonable doubt, the defendant's testimony, and defenses. A final instruction is for use after the jury retires. Appended suggestions for improving juror understanding of instructions and a comparison of selected instructions from this and other collections.