10TH CIRCUIT CRIMINAL PATTERN JURY
INSTRUCTIONS (2005) (Updated 2/2006)
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The Committee notes that the use of these Instructions is a matter committed to the discretion of the trial court. They never need be given verbatim, and the presence or absence of a particular instruction is not indicative of the Committee’s view that the instruction should or should not be given. The Committee recommends that the titles of individual instructions not be given to the jury.
The Committee does not recommend the use of language lifted from cases when drafting instructions. Case law employs language written for lawyers, not for jurors. The Committee recommends drafting instructions in plain English.
While we recognize that the matter is ultimately left to the district court’s discretion, the Committee suggests that the defendant’s name be used in the instructions (rather than generically referring to the "defendant").
The pronoun "he" has been used throughout. It should be replaced as appropriate.
Brackets indicate optional material, or material that needs to be adapted to a given case. Where additional instructions would be helpful in light of certain defenses having been raised, the additional instructions may be found in the Use Notes following the model instructions. "Comment" indicates source material for instructions. "Use Note" indicates suggestions regarding use of instructions.
The Committee has attempted to insert a "Use Note" wherever Apprendi v. New Jersey, 530 U.S. 466 (2000), would require that "sentence enhancers" be proved before a jury at trial, beyond a reasonable doubt. The Committee recommends that wherever an issue raised under Apprendi v. New Jersey, 530 U.S. 466 (2000), and its progeny, is submitted to the jury, the resolution of that issue be included in the verdict form.
The absence of a Tenth Circuit case citation with a particular instruction indicates that no relevant Tenth Circuit case was found. Updates will be issued periodically by the Circuit, or by the publisher of these Instructions.
In its work, the Committee relied on the model instructions of other circuits, instructions submitted to the Committee by District Judges throughout the Tenth Circuit, the independent research by the members of the Committee, and comments made during the public comment period. In order to avoid confusion, source references are not indicated in the model instructions. The Committee was concerned that, should sources be indicated, alterations in the source material might be construed as implying alterations in the model instructions. Nevertheless, the Committee acknowledges that the RICO instructions and comments are derived from 3 Leonard B. Sand, John S. Siffert, Walter P. Loughlin & Steven A. Reiss, Modern Federal Jury Instructions, Criminal, ch. 52 (2002).
The Committee has used "Comments" and "Use Notes" to indicate source material and identify issues. The Committee’s approach was to generate generic minimalist instructions that would be tailored to individual cases.
The Uniform Criminal Jury Instructions Committee wishes to thank all who have assisted in the preparation of these instructions. We are especially appreciative of the efforts of Robert J. Tepper, Esq., permanent law clerk of Judge Kelly, and the Staff Attorneys of the Tenth Circuit. Special thanks are accorded to our Reporter, Professor Stephen J. Cribari, Esq., of the University of Denver Sturm College of Law for his guidance and patience.
These Instructions and periodic updates thereto may be found at http://www.ca10.uscourts.gov.