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VOLUME 13 - CHAPTER 270
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270.1 Burdens And Standards Of Proof: General Principles

    270.1.2 Identifying The Specific Issues To Which The Burden Applies – Application Language

    270.1.2.1 Application Language: Duty To Instruct As To What Must Be Proven To Convict
    270.1.2.2 Application Language: Specific Words And Phrases

FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 13 - CHAPTER 270

RATIONALE: Unless the jury is told exactly what it must find in order to convict, there is a danger that the jury will not correctly fulfill its duty.

POINTS AND AUTHORITIES: "The application paragraph is one of the most important aspects of the charge, and failure to include an application paragraph in the guilt/innocence or punishment hearings can cause constitutional ramifications." (McClung, & Carpenter, TEXAS CRIMINAL JURY CHARGES 1:100 [Application Paragraph] (James Publishing, 2000).)

    "Every jury charge is required to contain at least one application paragraph, and every conviction not expressly authorized by an application paragraph is considered voidable. The Court of Appeals is obligated to reverse any convictions not authorized by an application paragraph. [Citation.]" (Ibid.; see also State v. Correa (HI 1985) 706 P2d 1321, 1323-24 [court must instruct the jury as to what specific facts it must find to convict].)

    The application paragraph "should explicitly explain that if the [prosecution] fails to prove any one of the required elements, then the jury’s verdict must be not guilty." (6TH CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 2.02 [Definition Of The Crime], commentary (1991).) This is so because "this is an important concept that should not be left to inference." (Ibid.; See also Sand, et al., Modern Federal Jury Instructions (Lexis, 2001), Inst. 3-10, p. 3-22.)

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3].

See generally, FORECITE National™ 305.2.5 [Burden Of Proof/Presumptions].

See 1st Circuit Pattern Jury Instructions - Criminal 1.04.

See also 1st Circuit Pattern Jury Instructions - Criminal 3.02.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.05.

SAMPLE INSTRUCTION # 1:

    In order to establish the crime charged in the indictment, you must find that the government has sustained its burden of proving each of the following elements beyond a reasonable doubt:

    First . . . . .

    Second . . . . .

    Third . . . . .

    Fourth . . . . .

    If you, the jury find beyond a reasonable doubt from the evidence in the case that the government has proved each of the foregoing elements as charged in the indictment, then proof of the crime charged is complete and you may find the defendant guilty. If, on the other hand, you have a reasonable doubt after careful consideration of all of the evidence as to any of the elements, then it is your duty to acquit.

    If you are convinced that the government has proved all of these elements, say so by returning a guilty verdict on this charge. If you have a reasonable doubt about any of these elements, you must find the defendant not guilty of this charge.

[Source: 6TH CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 2.02 [Definition Of The Crime] ¶ 6 (1991).]

    If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

    If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

[Source: 7TH CIRCUIT FEDERAL JURY INSTRUCTIONS - CRIMINAL 5.08 [Conspiracy] (1999).]

    If you conclude that any of the above has not be proved beyond a reasonable doubt, you must vote to find the defendant not guilty. If all of the above elements have been proven beyond a reasonable doubt, you should find the defendant guilty.

[See IDAHO CRIMINAL JURY INSTRUCTIONS, ICJI 511. [Burglary (After July 1, 1992)] (Idaho Law Foundation, Inc., 1995).]

    If the prosecution has proved all of the elements of the charge beyond a reasonable doubt, the defendant is guilty. If the prosecution has failed to prove any one of the elements, the defendant is not guilty.

[See IOWA CRIMINAL JURY INSTRUCTIONS 300.1. [Accessory After The Fact - Elements] (Iowa State Bar Association, 1997).]

    If you find beyond a reasonable doubt that: 

    1. _____ [defendant’s name], on or about ____ [date of offense] in ____ [county of offense] 

    2. (knowingly) (intentionally) had in the defendant’s [his [her] possession 

    3.____ [name of controlled substance], and 

    4. ____ [defendant’s name] knew that it was ____ [name of controlled substance], and 

    5. at the time, ____ [defendant’s name] intended to (sell) (barter) (transfer) (distribute) (dispense) that ____ [name of controlled substance] to another person or persons, then you should find the defendant guilty.

    If the prosecution has failed to prove any one or more of the above-listed elements beyond a reasonable doubt, then you must vote to find ___ [defendant’s name] not guilty ____ [of Count no. ____].

[See MISSISSIPPI MODEL JURY INSTRUCTIONS - CRIMINAL, MJI-Criminal 4:8. [Possessions Of Schedule III, IV, Or V Controlled Substance With Intent To Distribute] (West, 2000); see also Hubbard, JURY INSTRUCTIONS FOR CRIMINAL CASES IN SOUTH CAROLINA: DEFENDANTS REQUESTED INSTRUCTIONS IV(A) inst. 4 [Possession with Intent to Distribute] p.198 (South Carolina CLE, 1994).]

    To convict the defendant of the crime of _____, the prosecution must prove each of the following elements of the crime beyond a reasonable doubt:

    (1)

    (2)

    (3)

    (etc.)

    (5)     that the acts occurred in the [state of ______] [city of ______] [county of ______].

    If you find that each these elements has been proved beyond a reasonable doubt, then you should return a verdict of guilty.

    On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to one or more of these elements, then you must vote for a verdict of not guilty.

[See WASHINGTON PATTERN JURY INSTRUCTIONS - CRIMINAL, WPIC 4.21 [Elements Of The Crime-Form] (West, 2nd ed. 1994).]

    If you find beyond a reasonable doubt that on or about the alleged date, the defendant knowingly [sold] [delivered] (name substance) to (name buyer or distributee), you should return a verdict as charged. However, if you do not so find or if you have a reasonable doubt, you must vote for a verdict of not guilty.

[See NORTH CAROLINA PATTERN JURY INSTRUCTIONS - CRIMINAL, NCPI-Crim 260.21 [[Selling] [Delivering] A Controlled Substance] ¶ 6 (TRCC, 1999).]

    The elements of __________ (here insert crime), regarding are:

    (1)

    (2)

    (3) etc.

    If you find that the prosecution has proved each element beyond a reasonable doubt then you should find the defendant guilty. Otherwise you must find the defendant not guilty.

[See NEBRASKA CRIMINAL JURY INSTRUCTIONS, NJI2d Crim 3.0 [Elements; Effect Of Findings (No Insanity Defense)] (West, 2nd ed. 1992).]

    The crime of _________ , as charged in [Count ___ of] the indictment, has ____ essential elements, which are:

    One,________________;

    Two, _______________; and

    Etc.,_______________.

    If all of [these] [the] essential elements have been proved beyond a reasonable doubt as to [the defendant] [defendant (name)] [and if it has further been proved beyond a reasonable doubt that [the defendant] [defendant (name)] was not [entrapped] [coerced] [acting in self defense], [acting in defense of __________] [as defined in Instruction No. _____]]; then you must find the [the defendant] [defendant (name)] guilt of the crime charged [under Count]; otherwise you must find [the defendant] [defendant (name)] not guilty of this crime [under Count _____].

[Source: 8TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 3.09 [Elements Of Offense; Burden Of Proof] (2000).]

    To find defendant guilty of involuntary manslaughter for failure to perform [conduct], the prosecution must prove all of the following elements beyond a reasonable doubt:

    (1)     The defendant had a legal duty, enforceable by criminal punishment, to ________ [conduct];

    (2)     The defendant was reckless in failing to satisfy this duty; and

    (3)     The defendant's recklessness proximately caused the death of ________ (name of victim).

    If you have a reasonable doubt about the existence of any one of these three elements, then you should find defendant not guilty.

[See Hubbard, JURY INSTRUCTIONS FOR CRIMINAL CASES IN SOUTH CAROLINA: DEFENDANTS REQUESTED INSTRUCTIONS II(A)3 inst. 5, [Duty to Act] page 96. (South Carolina CLE, 1994).]

VOLUME 13 - CHAPTER 270

    See FORECITE National™ 270.3 [Presumption Of Innocence: Specific Words And Phrases].

     See also FORECITE National™ 6.2 [Examples Of Improper Jury Instruction Language Or Wording].