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18.7 Disruptive Defendant
18.7.1 Disruptive Defendant: Cautionary/Limiting Instruction
18.7.2 Disruptive Defendant: Options Available To Court
18.7.3 Disruptive Defendant: Defendant Should Be Warned
18.7.4 Disruptive Defendant: Ejecting Defendant
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VOLUME 3 - CHAPTER 18
18.7.1 Disruptive Defendant: Cautionary/Limiting Instruction
RATIONALE: When a defendant engages in nontestimonial outbursts or disruptive behavior, obviously the potential prejudice is high. On the other hand, such outbursts are not evidence and should not be considered by the jury. Thus, an instruction so informing the jury may be appropriate.
POINTS AND AUTHORITIES: CRIMINAL JURY INSTRUCTIONS - NEW YORK, CJI 4.28 [Defendant’s Conduct] (New York Office of Court Administration, 1983); see also People v. Astacio (NY 1987) 516 NYS2d 508, 509.
See also FORECITE National™ 18.6.1 [Jury May Not Consider The Defendant's Nontestimonial Appearance Or Demeanor].
RESEARCH NOTES:
See Manual On Recurring Problems In Criminal Trials [Disruptive Defendant: General Principles].
See also Benchbook For U.S. District Court Judges [5.01.1 Handling A Disruptive Defendant: Inquiries And Procedures].
See also Benchbook For U.S. District Court Judges [5.01.2 Handling A Disruptive Defendant: Other Sources].
See also Benchbook For U.S. District Court Judges [5.02 Grants Of Immunity].
SAMPLE INSTRUCTION # 1:
I have decided that it is necessary to [restrain] [remove] the defendant because of _________________ (identify conduct).
However, you must not allow the defendant’s in court conduct to affect your judgment as to the merits of the case.
You are to decide this case solely and wholly on the testimony of the evidence which has been presented by witnesses and exhibits.
SAMPLE INSTRUCTION # 2:
I admonish you not to draw any inference or conclusion whatsoever from the defendant's conduct here in the courtroom. You are to decide this case solely on the testimony of the witnesses and the exhibits which have been admitted into evidence.
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VOLUME 3 - CHAPTER 18
18.7.2 Disruptive Defendant: Options Available To Court
PRACTICE NOTE: See Manual On Recurring Problems In Criminal Trials Part (F)(1)[Disruptive Defendant: Options Available To Court].
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VOLUME 3 - CHAPTER 18
18.7.3 Disruptive Defendant: Defendant Should Be Warned
PRACTICE NOTE: See Manual On Recurring Problems In Criminal Trials Part IV(F)(2) [Disruptive Defendant: Defendant Should Be Warned].
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VOLUME 3 - CHAPTER 18
18.7.4 Disruptive Defendant: Ejecting Defendant
PRACTICE NOTE: See Manual On Recurring Problems In Criminal Trials Part IV(F)(3) [Disruptive Defendant: Ejecting Defendant].