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2.9 Jury Service Informational Materials

    2.9.1 Danger That Jury Will Rely On Jury Service Booklets
    2.9.2 Admonition To Not Rely On Jury Booklets During Trial And Deliberations

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 1 - CHAPTER 2

PRACTICE NOTE: Some jurisdictions provide prospective jurors with informational booklets which purport to explain the trial process.

    For example, the Indiana State Bar Association publishes a "Juror’s Handbook" which is given to potential jurors. The "handbook" explains jury service, the difference between civil and criminal cases, conduct of the jurors, rules and instructions, evidence, trial procedure, jury deliberations, words and phrases, etc. Obviously, use of this handbook during deliberations would be improper and potentially prejudicial. However, nothing in the booklet itself specifically admonishes the jury against utilizing it in the juryroom. The first page states: "You have been chosen according to law to act as an officer of the court by serving as a juror. This booklet is to aid you in understanding and performing this important duty. ¶ "You are urged to read it with great care. ¶ Remember that this booklet is intended as general information only, and it does not take the place of the instructions given to you by the judge in each case." [Original emphasis.] This language does not expressly preclude the jury from using the booklet in addition to the court's instructions. Hence, there is a danger that the jury will rely on such materials during deliberations. (See e.g., State v. Wilkins (SD 1995) 536 NW2d 97, 99 [prejudicial misconduct for jury foreperson to use material in book on jury duty during deliberations].)

    For example, in the Indiana booklet the "Juror’s Creed" includes the refrain: "I am a seeker after truth." While this is a noble and seemingly unassailable statement, in a criminal case the jurors’ duty should not be described in terms of "seeking the truth" but rather in terms of deciding whether or not the defendant has been proven guilty beyond a reasonable doubt. (See NCJIC 278.4 [Jury's Duty Is To Decide If The Prosecution Has Met Its Burden, Not To Find Or Seek "The Truth"].)

    Accordingly, counsel should obtain a copy of any informational materials given to the jurors so that the materials may be evaluated for matters which may need to be corrected or elaborated upon in the instructions to the jury.

    See NCJIC 16.4.3 [Jurors Should Be Admonished To Refrain From Using Jury Booklets During Trial].

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 1 - CHAPTER 2

    See NCJIC 16.4.3 [Jurors Should Be Admonished To Refrain From Using Jury Booklets During Trial].