THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 3 - CHAPTER 16
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16.10 Instructions On Instructions

    16.10.1 Duty Of Jury To Consider Instructions As A Whole
    16.10.2 No Adverse Inference From Repeated Instructions
    16.10.3 Order Of Instructions Has No Importance Or Significance
    16.10.4 No Special Significance To Handwritten Portions [Reserved]
    16.10.5 Duty OF Jury To Follow Instructions: Federal Models Instructions

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
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VOLUME 3 - CHAPTER 16

RATIONALE: Jurors may unduly emphasize a particular instruction if allowed to consider that instruction by itself.

POINTS AND AUTHORITIES: In order for the jury to fully understand the charge, it must not consider only isolated instructions but should consider the charge as whole. (See e.g., State v. Compton (NM 1953) 257 P2d 915, 920 [court instructed the jury to consider the instruction as a "whole" and not to single out any particular sentences or individual points that were made];

    See also NCJIC 297.1.4 [Instructions Must Be Considered As Whole].

    See also NCJIC 284.2.2 [Readback Of Testimony: Necessity Of Cautionary Instruction To Avoid Undue Emphasis].

    See also NCJIC 285.2.3 [Admonition That Supplemental Instructions Have No Greater Weight Than Original Instructions].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.3].

RESEARCH NOTES:

Argument of Counsel Does Not Cure Instructional Error, Poulos, 27 U.S.D. L.Rev. 523, pp. 627-669 (1990).

RELATED FEDERAL MODEL INSTRUCTIONS:

See 6th Circuit Pattern Jury Instructions - Criminal 1.02.

See also 8th Circuit Model Jury Instructions - Criminal 10.01.

See also 9th Circuit Model Jury Instructions - Criminal 7.7.

See also 11th Circuit Pattern Jury Instructions - Criminal 1.2 Paragraph 11.

SAMPLE INSTRUCTION # 1:

    In following my instructions, you must follow all of them and not single out some and ignore others; they are all equally important.

[9TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 3.1 [Duties Of Jury To Find Facts And Follow Law] ¶ 3 (1989 Rev.) (2000).]

    If any rule, direction or idea is stated in varying ways in these instructions, no special emphasis is intended, and none should be inferred by you. You are not to single out any sentence or any individual point or instruction and ignore the others. Consider all of the instructions as a whole and consider each in the light of all the others. The order in which the instructions are given has no significance as to their relative importance.

    The order in which these instructions are given has no significance as to their relative importance. You must consider the instructions as a whole and not place undue emphasis on any particular instruction or part of an instruction.

    You must consider these instructions as a whole and regard each instruction in the light of all the others. The order in which the instructions are given is of no significance.

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 3 - CHAPTER 16

RATIONALE: Without a cautionary instruction the jurors may give undue weight to a rule or direction stated in varying ways in different instructions.

POINTS AND AUTHORITIES: See e.g., McKenzie v. Risley (9th Cir. 1988) 842 F2d 1525, 1556 (in appendix to the dissent) [jury instructed to refrain from placing any undue emphasis upon any rule, direction, or idea stated in different ways in different instructions]; see also Silkwood v. Kerr-McGee (W.D. Okla.) 485 FSupp 566, 595; State v. Bonelli et al. (CA 1957) 315 P2d 936, 948.

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.2].

     The attorneys may properly discuss any specific instructions they think are particularly significant. However, you must consider the instructions as a whole and not place undue emphasis on any particular instruction or part thereof.

[See generally Silkwood v. Kerr-McGee (W.D. Okla.) 485 FSupp 566; State v. Bonelli et al. (CA 1957) 315 P2d 936.]

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 3 - CHAPTER 16

    16.10.3    Order Of Instructions Has No Importance Or Significance

RATIONALE: Jurors may give undue weight to certain instructions due to the order in which they are given.

POINTS AND AUTHORITIES: It has been generally held that the order in which the instructions are given to the jury should not be given any special significance. (See e.g., State v. Bonelli (CA 1957) 315 P2d 936, 948; Downs v. State (WY 1978) 581 P2d 610, 618.)

    See also NCJIC 2.4 [Sequence Of Instructions].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.3].

    The order in which the instructions are given has no significance as to their relative importance.

[See generally Downs v. State (WY 1978) 581 P2d 610, 618.]

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

VOLUME 3 - CHAPTER 16

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

VOLUME 3 - CHAPTER 16

See 1st Circuit Pattern Jury Instructions - Criminal 3.01.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.04.

See also 11th Circuit Pattern Jury Instructions - Criminal BI 2.1.