THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 16 - CHAPTER 300
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300.32 Constitutional Claims: Jury Consideration Of All Evidence

    300.32.1 Constitutional Claims: Jury Consideration Of All The Evidence

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

 VOLUME 16 - CHAPTER 300

PRACTICE NOTE: The federal constitutional rights to fair trial by jury, compulsory process and due process necessarily require that the jury consider all the properly admitted evidence presented at trial. The defendant constitutional right to present evidence would be meaningless if the jury is not required to consider it. (Conde v. Henry (9th Cir. 1999) 198 F3d 734.)

    The essence of the right to trial by jury is "...[T]he the thing we purport to care about in guaranteeing the right to trial by jury [is] providing for the kind of decision maker who is most likely to listen to, actually hear, and be open to full and separate consideration of, each and every item of evidence an accused may offer in support of his or her case." (Katherine Goldwasser, Vindicating the Right to Trial By Jury and the Requirement of Proof Beyond a Reasonable Doubt: A Critique of the Conventional Wisdom About Excluding Defense Evidence (1998) 82 Geo.L.J., 621, 639; see also Imwinkelried & Garland, Exculpatory Evidence (Lexis, 2nd ed. 1996) § 6-4, 1998 cum.supp.) This is especially true with regard to exculpatory evidence presented by the defendant. (See e.g., Martin v. Ohio (1987) 480 US 228 [107 SCt 1098; 94 LEd2d 267].)

    See also NCJIC 16.3.1 [Jury Must Consider All Of The Evidence].

    See also NCJIC 16.3.2 [Jury Must Consider Evidence But Need Not Believe It].