A MANUAL OF JURY TRIAL PROCEDURES - 2004
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Chapter Four: Jury Instructions

4.6     Jury's Use Of Indictment (Criminal)
          A. Availability of Indictment to Jury During Trial and Deliberations
          B. Tailoring the Indictment   

It is established that the trial judge has wide discretion as to whether the jury should be provided with a copy of the indictment during jury deliberations. See United States v. Polizzi, 500 F.2d 856, 876 (9th Cir. 1974), cert denied, 419 U.S. 1120 (1975). See also United States v. Petersen, 548 F.2d 279, 280 (9th Cir. 1977) (holding that a trial judge has the discretion to refuse a defendant's request that a copy of the information be furnished to the jury). Nonetheless, the Committee believes that great caution should be exercised in providing a jury with the indictment since it is frequently cast in highly prejudicial language.

If the judge nonetheless determines that it is appropriate to provide the jury with a copy of the indictment, care should be taken to tailor the indictment limiting it to the issues before the jury. So long as the court does not add anything or broaden the scope of the indictment, it may withdraw surplusage from the jury's consideration. See Ford v. United States, 273 U.S. 593, 602 (1927) (holding that the striking of surplusage is not an unconstitutional amendment of an indictment); see also United States v. Fullbright, 105 F.3d 443, 452 (9th Cir.), cert denied, 520 U.S. 1236 (1997).