THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 4 - CHAPTER 24
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24.3 What Is Not Evidence

    24.3.2 What Is Not Evidence: Arguments Of Counsel

    24.3.2.1 Jury Must Not Consider Counsel’s Arguments On The Admissibility Of Evidence
    24.3.2.2 Arguments Are Not Evidence But Should Be Considered
    24.3.2.3 Jury Not To Consider Any Portion Of Counsel's Opening Statement Or Closing Argument Which Was Stricken

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

 VOLUME 4 - CHAPTER 24

    24.3.2.1    Jury Must Not Consider Counsel’s Arguments On The Admissibility Of Evidence

    See NCJIC 24.3.1.4 [Jury Must Not Consider Counsel’s Arguments On The Admissibility Of Evidence].

RELATED FEDERAL MODEL INSTRUCTIONS:

See 1st Circuit Pattern Jury Instructions - Criminal 3.08.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.06.

See also 6th Circuit Pattern Jury Instructions - Criminal 1.04.

See also 7th Circuit Federal Jury Instructions - Criminal 1.06 .

See also 9th Circuit Model Jury Instructions - Criminal 1.4.

See also 9th Circuit Model Jury Instructions - Criminal 3.7.

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

 VOLUME 4 - CHAPTER 24

    24.3.2.2    Arguments Are Not Evidence But Should Be Considered

    See NCJIC 272.1.4 [Conflict Between Jury’s Recollection And Summation/Closing Argument As To Evidence: Jury May Ask For Readback].

RELATED FEDERAL MODEL INSTRUCTIONS:

See 1st Circuit Pattern Jury Instructions - Criminal 3.08.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.06.

See also 6th Circuit Pattern Jury Instructions - Criminal 1.04.

See also 7th Circuit Federal Jury Instructions - Criminal 1.06 .

See also 9th Circuit Model Jury Instructions - Criminal 1.4.

See also 9th Circuit Model Jury Instructions - Criminal 3.7.

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

 VOLUME 4 - CHAPTER 24

    24.3.2.3    Jury Not To Consider Any Portion Of Counsel's Opening Statement Or Closing Argument Which Was Stricken

RATIONALE: When counsel makes a statement to the jury during argument that is stricken, the stricken statement becomes an extraneous matter. The instructions should assure that the jury not consider such extraneous matters.

POINTS AND AUTHORITIES: While standard pattern instructions often state that arguments of counsel are not evidence (see generally People v. Stewart (CA 1959) 168 CA2d 57, 60-61 [335 P2d 189]), often they do not admonish the jury to disregard arguments of counsel which have been stricken by the court. Hence, those instructions should be modified to add arguments of counsel to the admonition.

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 5.1; 7.3; 11.4].

RELATED FEDERAL MODEL INSTRUCTIONS:

See 1st Circuit Pattern Jury Instructions - Criminal 3.08.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.06.

See also 6th Circuit Pattern Jury Instructions - Criminal 1.04.

See also 7th Circuit Federal Jury Instructions - Criminal 1.06 .

See also 9th Circuit Model Jury Instructions - Criminal 1.4.

See also 9th Circuit Model Jury Instructions - Criminal 3.7.

SAMPLE INSTRUCTION:

    Do not consider for any purpose any argument of counsel that was stricken by the court; treat it as though you had never heard of it.