THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 1 - CHAPTER 2
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2.8 Right To Public Trial

    2.8.1 Presence Of Public During Instruction Of Jury

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 1 - CHAPTER 2

PRACTICE NOTE: There is a split in authority as to whether the constitutional right to public trial extends to jury instructions. Some cases hold that the public should be given access. (See e.g., People v. Teitelbaum (CA 1958) 163 CA2d 184, 206 [329 P2d 157]; McKibben v. State (GA 1939) 2 SE2d 101 [giving instructions in juryroom permissible if juryroom was open to the public].) Other cases are to the contrary. (See e.g., People v. Woodward (CA 1992) 4 C4th 376, 382 [14 CR2d 434]; People v. Buck (CA 1941) 46 CA2d 558, 562 [116 P2d 160]; People v. Gray (NY 1988) 524 NYS2d 74, 74.)