THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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PRACTICE NOTE: "A trial judge must be especially cautious and circumspect in language and conduct during a jury trial. The judge must be fair to all parties and not do or say anything that might prejudice either litigant in the eyes of the jury." (Coast-to-Coast Stores v. Womack-Bowers, 818 F2d 1398, 1401 (8th Cir. 1987); see also Rush v. Smith, 56 F3d 918, 921-922 (8th Cir. 1995).) "It is obvious that under any system of jury trials the influence of the trial judge on the jury is necessarily and properly of great weight, and that his [or her] lightest word or intimation is received with deference, and may prove controlling." (Starr v. United States, 153 US 614, 626, 38 LEd 841, 14 SCt 919 (1894).) "By reason of his [or her] role, quickly observed by jurors, the judge is a figure of over-powering influence, whose every change in facial expression is noted, and whose every word is received attentively and acted upon with alacrity and without question." (Travelers Ins. Co. v. Ryan, 416 F2d 362, 364 (5th Cir. 1969).)