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287.3 Verdict And Verdict Forms

    287.3.1 Verdict: Requirement That Verdict Be Clear And Certain
    287.3.2 Verdict Form: Requiring All Jurors Sign Verdict Form
    287.3.3 Verdict Forms: May Not State Principles Contrary To The Instructions
    287.3.4 Verdict Forms: Alternative Counts

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PRACTICE NOTE: The language of the verdict should be clear and certain.  If there is doubt as to the meaning of a verdict, the doubt should be resolved by the charging document, if possible. If the verdict is so defective that it cannot be determine whether the jurors intended to convict or acquit, the judge may, with appropriate instructions, direct the jurors to reconsider their verdict. (Wharton’s Criminal Procedure (West, 13th Ed. 1989) § 505, pp. 304-05; see also People v. Jones (CA 1997) 58 CA4th 693, 710 [68 CR2d 506] [jury's intention to convict the defendant of the charged crime must be "unmistakenly expressed"].)

See generally, NCJIC 305.19.6 [Special Verdicts].

See 1st Circuit Pattern Jury Instructions - Criminal 6.04.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.24.

See also 6th Circuit Pattern Jury Instructions - Criminal 8.06.

See also 7th Circuit Federal Jury Instructions - Criminal 7.01.

See also 7th Circuit Federal Jury Instructions - Criminal 7.02.

See also 8th Circuit Model Jury Instructions - Criminal 3.12.

See also 8th Circuit Model Jury Instructions - Criminal 11.01.

See also 8th Circuit Model Jury Instructions - Criminal 11.02.

See also 9th Circuit Model Jury Instructions - Criminal 7.5.

See also 11th Circuit Pattern Jury Instructions - Criminal BI 12.

See also Federal Judicial Center, Pattern Criminal Jury INSTRUCTIONS  58.

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 VOLUME 13 - CHAPTER 287

RATIONALE: Requiring each juror to sign the verdict form enhances individual juror responsibility for his or her decision and promotes verdict reliability.

POINTS AND AUTHORITIES: It has been recognized that a trial judge may properly require all jurors to sign the verdict form. (See 6TH CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 8.06 [Verdict Form] commentary (1991).) Such a requirement would be especially important in a capital case where the responsibility of each juror for the sentencing decision is constitutionally required by the Eighth Amendment. (See Caldwell, U.S. v. Causor-Serrato (IA 1999) 56 FSupp2d 1092, 1093.)

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

See generally, NCJIC 305.19.6 [Special Verdicts].

See 1st Circuit Pattern Jury Instructions - Criminal 6.04.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.24.

See also 6th Circuit Pattern Jury Instructions - Criminal 8.06.

See also 7th Circuit Federal Jury Instructions - Criminal 7.01.

See also 7th Circuit Federal Jury Instructions - Criminal 7.02.

See also 8th Circuit Model Jury Instructions - Criminal 3.12.

See also 8th Circuit Model Jury Instructions - Criminal 11.01.

See also 8th Circuit Model Jury Instructions - Criminal 11.02.

See also 9th Circuit Model Jury Instructions - Criminal 7.5.

See also 11th Circuit Pattern Jury Instructions - Criminal BI 12.

See also Federal Judicial Center, Pattern Criminal Jury INSTRUCTIONS  58.

    Each of you should sign the form, put the date on it, and return it to me.

[See 6TH CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 8.06 [Verdict Form] ¶ 2, sent. 3 (1991).]

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PRACTICE NOTE: While a verdict form need not restate the legal principles provided in the jury instructions, a verdict form may not state principles "contrary to the instructions given." (Byrum v. Brand (CA 1990) 219 CA3d 926, 938 [268 CR 609]; see also People v. Ochoa (CA 1998) 19 C4th 353, 426 [79 CR2d 408].)

See generally, NCJIC 305.19.6 [Special Verdicts].

See 1st Circuit Pattern Jury Instructions - Criminal 6.04.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.24.

See also 6th Circuit Pattern Jury Instructions - Criminal 8.06.

See also 7th Circuit Federal Jury Instructions - Criminal 7.01.

See also 7th Circuit Federal Jury Instructions - Criminal 7.02.

See also 8th Circuit Model Jury Instructions - Criminal 3.12.

See also 8th Circuit Model Jury Instructions - Criminal 11.01.

See also 8th Circuit Model Jury Instructions - Criminal 11.02.

See also 9th Circuit Model Jury Instructions - Criminal 7.5.

See also 11th Circuit Pattern Jury Instructions - Criminal BI 12.

See also Federal Judicial Center, Pattern Criminal Jury INSTRUCTIONS  58.

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RATIONALE: When alternative counts are charged the jury will need to be given verdict forms and instructions which permit a finding of guilt as to only one of the two alternatives.

POINTS AND AUTHORITIES: When there are mutually inconsistent charges the jury should be instructed that the charges are made in the alternative and the jury can only convict the defendant of one and must acquit of the other. (See e.g., People v. Womack (CA 1995) 40 CA4th 926, 929-32 [47 CR2d 76].)

    See also NCJIC 287.4 [Partial Verdict].

See generally, NCJIC 305.19.6 [Special Verdicts].

See 1st Circuit Pattern Jury Instructions - Criminal 6.04.

See also 5th Circuit Pattern Jury Instructions - Criminal 1.24.

See also 6th Circuit Pattern Jury Instructions - Criminal 8.06.

See also 7th Circuit Federal Jury Instructions - Criminal 7.01.

See also 7th Circuit Federal Jury Instructions - Criminal 7.02.

See also 8th Circuit Model Jury Instructions - Criminal 3.12.

See also 8th Circuit Model Jury Instructions - Criminal 11.01.

See also 8th Circuit Model Jury Instructions - Criminal 11.02.

See also 9th Circuit Model Jury Instructions - Criminal 7.5.

See also 11th Circuit Pattern Jury Instructions - Criminal BI 12.

See also Federal Judicial Center, Pattern Criminal Jury INSTRUCTIONS 58.

    The defendant is charged in Count ______ with the crime of ________________ and in Count ______ with the crime of ___________________. These charges are made in the alternative. 

    To find the defendant guilty you must all agree as to which particular offense the defendant committed. If you find the defendant guilty of one of the alternative offenses, you must find [him] [her] not guilty of the other.

[See MONTANA CRIMINAL JURY INSTRUCTIONS, MCJI 1-008 [Alternative Charges] (State Bar of Montana, 1990).]

    The defendant is charged in Count One of the [information] [indictment], with the crime of ___________________ and in Count Two with the crime of _______________. These charges are made in the alternative by alleging that the defendant committed a single unlawful act which constitutes either the crime of _________________ or the crime of ____________________.  If you find that the prosecution has proved beyond a reasonable doubt that the defendant committed an act or acts constituting one of the charged crimes, you then must decide which of the  charged offenses was committed.

    To find the defendant guilty you must all agree as to the particular offense committed and, if you find the defendant guilty of one of such offenses, you must find the defendant not guilty of the other.

[See SOUTH DAKOTA PATTERN JURY INSTRUCTIONS - CRIMINAL, SDCL 1-13-6 [Alternative Counts--Same Occurrence, One Crime] (State Bar of South Dakota, 2000); see also MONTANA CRIMINAL JURY INSTRUCTIONS, MCJI 1-008 [Alternative Charges] (State Bar of Montana, 1990).]

    The defendant is charged in Count ___ with the offense of ________ [name of offense] and in Count ___ with the offense of ________  [name of offense] [Continue similar references to other counts.]. These charges are made in the alternative which means that they allege that the defendant either committed one of the offenses or [the other] [one of the others]. Each count must be considered separately. If you find the defendant guilty of one of the offenses submitted to you you should must find him not guilty of the other.

[See MISSOURI APPROVED INSTRUCTIONS - CRIMINAL, MAI-CR 3d 304.14 [Verdict Possibilities: One Defendant - Alternative Counts Requiring Only One Verdict] (Missouri Supreme Court Publications, 3rd ed. 1987).]

    The defendants are charged in Count ___ with the offense of ________ [name of offense from verdict director] and in Count ___ with the offense of ________ [name of offense from verdict director] [Continue similar references to other counts.]. These counts are in the alternative which means that they allege that the defendants either committed one of the offenses or (the other) (one of the others).

    You must give separate consideration to each defendant and to each count submitted against him. Each defendant is entitled to have his or her case decided on the evidence and the law applicable to him or her. You must not consider any evidence which was or has been limited to one defendant or one offense or one purpose as to another defendant or another offense or for any other purpose.

    You may find any one or (both) (more) of the defendants guilty of an offense under one of the counts submitted, or you may find any one or (both) (more) of the defendants not guilty of (any) (all) (both) of the offenses charged. (You may find the defendant ________ [name of defendant(s) that submitted defense of lack of responsibility] not guilty by reason of a mental disease or defect excluding responsibility.) However, you cannot find any defendant guilty under more than one count.

    Any verdicts you return must be separate as to each defendant.

[See MISSOURI APPROVED INSTRUCTIONS - CRIMINAL, MAI-CR 3d 304.20 [Verdict Possibilities: Multiple Defendants -Alternative Counts Requiring Only One Verdict For Each Defendant] (Missouri Supreme Court Publications, 3rd ed. 1987).]

[See MICHIGAN CRIMINAL JURY INSTRUCTIONS 3.19 [Single Defendant -- Multiple Counts -- Single Wrongful Act] (ICLE, 2nd ed. 1999).]

[See MICHIGAN CRIMINAL JURY INSTRUCTIONS 3.21 [Multiple Defendants -- Multiple Counts -- Single Wrongful Act] (ICLE, 2nd ed. 1999).]