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

 VOLUME 3 - CHAPTER 16
Go to Volume 3 Table of Contents - Go to Chapter 16 Table of Contents

16.2 Conduct And Duty Of The Jury During Trial

    16.2.2 Duty Of Jurors To Be Unbiased

    16.2.2.1 Duty Of Jurors To Be Unbiased: Sympathy Or Antipathy Toward Witness, Party or Counsel
    16.2.2.2 Duty Of Jurors To Be Unbiased: Gender Bias
    16.2.2.3 Duty Of Jurors To Be Unbiased: Racial Bias
    16.2.2.4 Duty Of Jurors To Be Unbiased: Bias Based On Physical Or Mental Disability

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

 VOLUME 3 - CHAPTER 16

RATIONALE:  Personal sympathies and antipathies are incompatible with the constitutional guarantee that each juror will individually evaluate, fairly and objectively, whether the prosecution has proven guilt, including each subsidiary fact necessary for conviction, beyond reasonable doubt. Therefore, instruction not to consider sympathy may be appropriate.

POINTS AND AUTHORITIES:  Because sympathy is normally irrelevant to the issues before the jury, sympathy is an extraneous matter which the jury should not consider. (See 1ST CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 3.01 [Failure Of Defendant To Testify] (2002); see also 7TH CIRCUIT FEDERAL JURY INSTRUCTIONS - CRIMINAL 1.01 [The Functions Of The Court And The Jury] (1999).)

    See NCJIC 16.4.2 [Jury Not To Consider Or Be Influenced By Public Opinion, Etc.].

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

CAVEAT: In a capital case, sympathy may be a mitigating factor which the jury should consider. (See NCJIC 301.4.2.1 [Sympathy].)

See generally A Manual On Jury Trial Procedures [3.12A. Incompetent Jurors, Late Or Missing Jurors: Judge’s Determination].

See also A Manual On Jury Trial Procedures [3.12C. Incompetent Jurors, Late Or Missing Jurors: Criminal].

See 1st Circuit Pattern Jury Instructions - Criminal 1.01.

See also 1st Circuit Pattern Jury Instructions - Criminal 1.07.

See also 1st Circuit Pattern Jury Instructions - Criminal 3.01.

See also 6th Circuit Pattern Jury Instructions - Criminal 1.02.

See also 8th Circuit Model Jury Instructions - Criminal 1.08.

See also 9th Circuit Model Jury Instructions - Criminal 1.1.

See also 9th Circuit Model Jury Instructions - Criminal 1.9.

    You must not be influenced by any personal likes or dislikes, prejudices or sympathy. That means that you must decide the case solely on the evidence before you and according to the law. You will recall that you took an oath promising to do so at the beginning of the case.

[1ST CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 3.01 [Duty Of The Jury To Find Facts And Follow Law] ¶ 1, sent. 4 & 5 (2002).]

    It is also your duty to base your verdict solely upon the evidence, without prejudice or sympathy. That was the promise you made and the oath you took before being accepted by the parties as jurors, and they have the right to expect nothing less.

[5TH CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 1.04 [Duty To Follow Instructions] ¶ 3 (1997).]

    Perform these duties fairly and impartially. Do not allow sympathy, prejudice, fear, or public opinion to influence you. [You should not be influenced by any person's race, color, religion, national ancestry, or sex.]

[7TH CIRCUIT FEDERAL JURY INSTRUCTIONS - CRIMINAL 1.01 [The Functions Of The Court And The Jury] ¶ 4 (1999).]

    Do not allow sympathy or prejudice to influence you. The law demands of you a just verdict, unaffected by anything except the evidence, your common sense, and the law as I give it to you.

[8TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 1.01 [General: Nature Of Case; Nature Of Indictment; Burden Of Proof; Presumption Of Innocence; Duty Of Jury; Cautionary] (2000), ¶ 4.]

    You must make your decision only on the basis of the testimony and other evidence presented here during the trial; and you must not be influenced in any way by either sympathy or prejudice for or against the Defendant or the Government.

[11TH CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL Basic Instructions 2.1 [Duty To Follow Instructions Presumption Of Innocence] (1997) ¶ 1.]

    You must not be governed by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling. Also, you are required to conscientiously and dispassionately consider and weigh the evidence and apply the law.

    You are required to decide the facts without prejudice, fear, sympathy or favoritism. You must not be influenced by anyone's race, ethnic origin or gender.  Your decision must be based only on a fair consideration of the evidence.

    It is your duty to weigh the evidence dispassionately and to decide this case on its merits. Do not allow bias, sympathy, or prejudice to enter into your deliberations. 

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

VOLUME 3 - CHAPTER 16

RATIONALE: Gender bias is prejudicial per se, since it deprives the defendant of constitutional guarantees that each juror will individually evaluate, fairly and objectively, whether the prosecution has proven guilt, including each subsidiary fact necessary for conviction, beyond reasonable doubt. Therefore, special cautionary instructions may be appropriate.

POINTS AND AUTHORITIES: WISCONSIN JURY INSTRUCTIONS - CRIMINAL, WIS-JI-Criminal 50 [Preliminary Instruction: Jurors’ Conduct; Evidence; Transcripts Not Available; Credibility; Substantive Issues; Opening Statement] (University of Wisconsin Law School, 2000); see also NCJIC 16.2.2.3 [Racial Bias].)

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

    You must not allow any personal feelings you may have about such things as race, religion, national origin, sex, or age to in any way prejudice you decision about the case.

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

VOLUME 3 - CHAPTER 16

RATIONALE: Racial bias is prejudicial per se, since it deprives the defendant of constitutional guarantees that each juror will individually evaluate, fairly and objectively, whether the prosecution has proven guilt, including each subsidiary fact necessary for conviction, beyond reasonable doubt. Therefore, special instruction may be appropriate.

POINTS AND AUTHORITIES: "Allegations of racial bias on the part of a juror are fundamentally different from other types of juror misconduct because such conduct is, ipso facto, prejudicial [footnote omitted] and because the judicial system is not exempt from the unfortunate reality of racial prejudice. A trial court must be especially vigilant in investigating the specter of racial prejudice in the judicial process. Failure to scrupulously explore such allegations would seem to enhance the risk of a conviction based on race. Such a risk cannot be tolerated." (State v. Santiago (CT 1998) 715 A2d 1, 20; see also NCJIC  16.2.2.2 [Gender Bias].)

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

See generally Capital Punishment Handbook [2.6.3a. Inquiry Into Racial Attitudes Of Jurors: General Principles And Authorities].

See 1st Circuit Pattern Jury Instructions - Criminal 1.01.

See also 1st Circuit Pattern Jury Instructions - Criminal 1.07.

See also 1st Circuit Pattern Jury Instructions - Criminal 3.01.

See also 6th Circuit Pattern Jury Instructions - Criminal 1.02.

See also 8th Circuit Model Jury Instructions - Criminal 1.08.

See also 9th Circuit Model Jury Instructions - Criminal 1.1.

See also 9th Circuit Model Jury Instructions - Criminal 1.9.

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

VOLUME 3 - CHAPTER 16

RATIONALE: The physical or mental handicaps of a defendant may improperly create juror bias against the defendant.

POINTS AND AUTHORITIES: In People v. Holt (CA 1997) 15 C4th 619, 687 [63 CR2d 782] the California Supreme Court concluded that there was no duty to instruct the jury that it must not be biased against the defendant due to his disabilities, including brain injury, epilepsy, and learning disabilities. In so doing, the court rejected the argument that such an instruction is required by the Americans With Disabilities Act of 1990 (42 USC 12101 et seq.) [ADA] because it was enacted on July 26, 1990, after the trial in Holt's case. However, for cases tried after July 26, 1990, the issue may be viable.

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

See generally A Manual On Jury Trial Procedures [3.12A. Incompetent Jurors, Late Or Missing Jurors: Judge’s Determination].

See also A Manual On Jury Trial Procedures [3.12C. Incompetent Jurors, Late Or Missing Jurors: Criminal].

See 1st Circuit Pattern Jury Instructions - Criminal 1.01.

See also 1st Circuit Pattern Jury Instructions - Criminal 1.07.

See also 1st Circuit Pattern Jury Instructions - Criminal 3.01.

See also 6th Circuit Pattern Jury Instructions - Criminal 1.02.

See also 8th Circuit Model Jury Instructions - Criminal 1.08.

See also 9th Circuit Model Jury Instructions - Criminal 1.1.

See also 9th Circuit Model Jury Instructions - Criminal 1.9.

    You must not be biased against the defendant due to [his] [her] disabilities, including brain injury, epilepsy, and learning disabilities.