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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16.17 Partial Dismissal Of Charges During Trial

    16.17.1 Partial Dismissal Of Charges Against Defendant: Cautionary Instructions
    16.17.2 Limiting Instruction As To Evidence Admitted Only As To Dismissed Charge  

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

 VOLUME 3 - CHAPTER 16

  16.17.1    Partial Dismissal Of Charges Against Defendant: Cautionary Instructions

RATIONALE: Without a cautionary instruction the jurors may improperly assume that dismissal of one charge for lack of evidence reflects the judge's belief that there is sufficient evidence to support the remaining charges.

POINTS AND AUTHORITIES: Informing the jury that one of the charges has been dismissed due to a lack of evidence risks suggesting, by inference, that there is sufficient evidence to support the charges remaining before the jury. (See Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS (1988) Instruction 16.)   Hence, the jury should not be informed that the dismissed charge was "dismissed" or found to not be supported by sufficient evidence. Instead, the jury should simply be told that it has been disposed of and is no longer of concern to the jury.

    See NCJIC 19.4 [Disposition Of Charges As To Codefendant].

    See also  NCJIC 276.8.2 [Multiple Counts: Special Instructions].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.2; 7.3; 7.5; 10.1].

RELATED FEDERAL MODEL INSTRUCTIONS:

See 8th Circuit Model Jury Instructions - Criminal 2.11.

See also 9th Circuit Model Jury Instructions - Criminal 2.12.

See also Federal Judicial Center, Pattern Criminal Jury Instruction 16.

SAMPLE INSTRUCTION:

    I told you when the trial began that one of the charges against the defendant[s] was __________ [describe charge]. This charge will no longer be part of the trial and should have no bearing on any of your decisions regarding the remaining charges. [I told you that certain evidence __________ [briefly describe the evidence in summary form -- e.g., prior acts of the defendant] could be used only in connection with the charge that is no longer part of the case. You should now completely disregard this evidence.]

[See Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS 16 [Dismissal Of Some Of Charges Against Defendant: Jury Not To Consider Certain Evidence] (1988).]

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

VOLUME 3 - CHAPTER 16

    16.17.2    Limiting Instruction As To Evidence Admitted Only As To Dismissed Charge Or Count

RATIONALE: When some charges against the defendant are dismissed during trial there is a danger the jury will consider the dismissed count or the evidence presented as to the dismissed count.

POINTS AND AUTHORITIES: Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS Inst. No. 16 [Dismissal Of Some Of Charges Against Defendant: Jury Not To Consider Certain Evidence] (1988); 8TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 2.11 [Dismissal, During Trial, Of Some Charges Against Single Defendant] (2000); see also 9TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 2.12 [Dismissal Of Some Charges Against Defendant] (2000).

    See also NCJIC 16.17.1 [Partial Dismissal Of Charges Against Defendant: Cautionary Instructions].

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

RELATED FEDERAL MODEL INSTRUCTIONS:

See 8th Circuit Model Jury Instructions - Criminal 2.11.

See also 9th Circuit Model Jury Instructions - Criminal 2.12.

See also Federal Judicial Center, Pattern Criminal Jury Instruction 16.

SAMPLE INSTRUCTION # 1:

    At the beginning of the trial I told you that the defendant was accused of (insert number) different crimes. (Briefly describe the offenses mentioned at the commencement of the trial.) Since the trial started, however, [one] [two, etc] of these charges [has] [has] been disposed of, the one(s) having to do with (describe offenses disposed of). [That charge] [Those charges] [is] [are] no longer before you, and the only crime[s] that the defendant is charges with now [is] [are] (describe remaining offenses.) You should not guess about or concern yourselves with the reason for this disposition. You are not to consider this fact when deciding if the government has proved, beyond a reasonable doubt, the count[s] which remain, which are (list remaining count[s]).

    [The following evidence is now stricken by me, and is thus no longer before you and may not be considered by you: (Describe stricken evidence).]

[8TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 2.11 [Dismissal, During Trial, Of Some Charges Against Single Defendant] (2000).]

SAMPLE INSTRUCTION # 2:

    At the beginning of the trial I told you that the defendant had been accused of ______ different crimes: [Brief descriptions]. In the meantime, I disposed of one of these charges, the one having to do with _______. The charge of _______ is no longer of concern to you. Therefore, the only crime that the defendant is charged with is ________.

    The following evidence is no longer in this case: [Describe evidence]. You should not consider any of this evidence when you decide whether the government has proved, beyond a reasonable doubt, that the defendant committed the crime of ______.

[Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS Inst. No. 16 [Dismissal Of Some Of Charges Against Defendant: Jury Not To Consider Certain Evidence] (1988).]