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Research Notes

    305.16.1    Parental Discipline
    305.16.2    Pattern/Model Instructions
    305.16.3    Penalty, Consideration By Jury
    305.16.4    Perjury
    305.16.5    Physical Restraints, Courtroom Security, Disruption, Etc.
    305.16.6    Pinpoint/Defense Theory Instructions
    305.16.7    Possession Of Stolen Property
    305.16.8    Preliminary And Introductory Instructions
    305.16.9.1 Premeditation/Deliberation
    305.16.9.2 Prior Convictions
    305.16.10  Prior Inconsistent Statements
    305.16.11  Production Of All Available Evidence, Destruction Of Evidence, Missing Evidence
    305.16.12  Provocation/Heat Of Passion
    305.16.13  Public Trial    

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Criminal Liability for Excessive or Improper Punishment Inflicted on Child by Parent, Teacher, or One in Loco Parentis, 89 ALR2d 396.

An Examination of Parental Discipline as a Defense of Justification: It's Time for a Kindlier, Gentler Approach, 46 Naval L. Rev. 1, 1999, LCDR Kimberlie Young, JAGC, USN.

Fundamentally Speaking: Application of Ohio's Domestic Violence Laws in Parental Discipline

Cases--a Parental Perspective, 30 U. Tol. L. Rev. 1, Fall 1998, Richard Garner.

When Is Parental Discipline Child Abuse? The Vagueness of Child Abuse Laws, 34 U. Louisville J. Fam. L. 403, 1995-96, Scott A. Davidson.

When Parental Discipline Is a Crime: Overcoming the Defense of Reasonable Force, 32-AUG Prosecutor 29, July-August, 1998, Victor I. Vieth.

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Construction of Statutes or Rules Making Mandatory the Use of Pattern or Uniform Approved Jury Instructions, 49 Alr3d 128.

The Craft of Drafting Plain-Language Jury Instructions: A Study of Sample Pattern Instruction on Obscenity, Wilcox, 59 Temple L.Q. 1159, Winter 1986.

Instructing the Jury -- Pattern Instructions, 6 Am Jur Trials 923.

Limitations of Form Instructions, Comment, 36 So. Cal. L. Rev. 97, 1962.

Michigan Standard Criminal Jury Instructions: Judges' Perspectives After Ten Year's Use, Koenig, Kerr and Van Hoek, 4 Cooley L.Rev. 347, May 1987.

Model Jury Instructions for the Actual Malice Standard, Spar, 39 S. Carolina L.Rev. 79, Autumn 1986.

The Model Utah Jury Instruction Project, Young, 4 Utah B.J. 14, Dec. 1991.

A Pattern Jury Instruction for Felony Murder [Pennsylvania] Murphy, 94 Dickinson L.Rev. 489, Winter 1990.

Pattern Jury Instructions in Criminal Cases [Canada] Bouck, 48 The Advocate 209, Mar. 1990.

Texts:

Federal Criminal Jury Instructions, Saltzburg and Perlman, (Michie Co., 1990).

Federal Jury Practice, Criminal and Instructions, Devitt and Blackmar, (West Publishing, 3d Ed., 1977).

Modern Federal Jury Instructions, Criminal, Sand, Siffert, Loughlin and Reiss, (Matthew Bender, 1984).

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Admissibility of Expert Testimony as to Appropriate Punishment for Convicted Defendant, 47 ALR4th 1069.

Assessing Punishment; What Should the Jury Know? (Texas) DeKoatz, Dominguez and Dinsmoor, 55 Tex. Bar J. 355, Apr. 1992.

Defendant May Request Jury Charge Disclosing His Parole Eligibility (Annual Survey of S. Carolina Law: Jan. 1 - Dec. 31, 1987) Smith, 40 S. Carolina L.Rev. 60, Autumn 1988.

Informed Conviction: Instructing the Jury about Mandatory Sentencing Consequences, 95 Colum. L. Rev. 1232 (1995).

Judge Does Not Have to Instruct Jury About Parole Eligibility (Annual Survey of S. Carolina Law: Jan. 1 - Dec. 31, 1989) Bondura, 42 S. Carolina L.Rev. 169, Autumn 1990.

Jury's Discussion of Parole Law as Ground for Reversal or New Trial, 21 ALR4th 420.

Prejudicial Effect of Statement by Prosecutor That Verdict, Recommendation of Punishment, or Other Finding by Jury Is Subject to Review or Correction by Other Authorities, 10 ALR5th 700.

Prejudicial Effect of Statement of Court That If Jury Makes Mistake in Convicting it Can Be Corrected by Other Authorities, 5 ALR3d 974.

Prejudicial Effect of Statement of Prosecutor as to Possibility of Pardon or Parole, 16 ALR3d 1137.

Prejudicial Effect of Statement or Instruction of Court as to Possibility of Parole or Pardon, 12 ALR3d 832.

Procedure to Be Followed Where Jury Requests Information as to Possibility of Pardon or Parole from Sentence Imposed, 35 ALR2d 769.

Suspension of Sentence: Propriety and Effect of Court's Indication to Jury That Court Would Suspend Sentence, 8 ALR2d 1001.

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The "Blue Wall of Silence" As Evidence Of Bias and Motive to Lie: A New Approach to Police Perjury, Gabriel J. Chin and Scott C. Wells, 59 U. Pitt. L.Rev. 233, Winter 1998.

Determination of Materiality of Allegedly Perjurious Testimony in Prosecution under 18 USC 1621, 1622, 22 ALR Fed. 379.

Incomplete, Misleading, or Unresponsive but Literally True Statement as Perjury, 69 ALR3d 993.

Materiality of Testimony Forming Basis of Perjury Charge as Question for Court or Jury in State Trial, 37 ALR4th 948.

Chin and Wells, The "Blue Wall of Silence" As Evidence Of Bias and Motive to Lie: A New Approach to Police Perjury, 59 U. Pitt. L.Rev. 233, Winter 1998

Determination of Materiality of Allegedly Perjurious Testimony in Prosecution under 18 USC 1621, 1622, 22 ALR Fed. 379.

Incomplete, Misleading, or Unresponsive but Literally True Statement as Perjury, 69 ALR3d 993.

Materiality of Testimony Forming Basis of Perjury Charge as Question for Court or Jury in State Trial, 37 ALR4th 948.

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Disruptive Conduct of Accused in Presence of Jury as Ground for Mistrial or Discharge of Jury, 89 ALR3d 960.

Disruptive Conduct of Spectators in Presence of Jury During Criminal Trial as Basis for Reversal, New Trial, or Mistrial, 29 ALR4th 659.

Propriety and Prejudicial Effect of Gagging, Shackling, or Otherwise Physically Restraining Accused During Course of State Criminal Trial, 90 ALR3d 17.

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A New Challenge to Prosecution Pinpoint Instructions, Powell, CACJ Forum, Vol. 17, No. 4, 13-20, July-Aug 1990.

A Pinpoint Instruction Given by the Court, Directing a Jury to Consider a Defendant's Voluntary Intoxication in Determining Whether the Defendant Possessed the Requisite Mental State or Specific Intent for a First- Degree Murder Conviction, Was Not Misleading When the Instruction Did Not Inform the Jury That Premeditation Was a Mental State. A Reasonable Jury Understands Deliberation and Premeditation to Be a Mental State, a Condition from Which the Jury Could Weigh Evidence of Voluntary Intoxication, 26 Pepp. L. Rev. 183, 1999, California Supreme Court Survey, B.. Gary Devlin

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Modern Status: Instruction Allowing Presumption or Inference of Guilt from Possession of Recently Stolen Property as Violation of Defendant's Privilege Against Self-incrimination, 88 ALR3d 1178.

Possession Of Stolen Property As Continuing Offense, 24 ALR 5th 132, and Later Case Service.

What Constitutes "Recently" Stolen Property Within Rule Inferring Guilt from Unexplained Possession of Such Property, 89 ALR3d 1202.

Modern Status: Instruction Allowing Presumption or Inference of Guilt from Possession of Recently Stolen Property as Violation of Defendant's Privilege Against Self-incrimination, 88 ALR3d 1178.

Possession of Stolen Property As Continuing Offense, 24 ALR5th 132, and Later Case Service.

Self-incrimination: Instruction Allowing Presumption or Inference of Guilt from Possession of Recently Stolen Property as Violation of Defendant's Privilege Against Self-incrimination, 88 ALR3d 1178.

Thief as Accomplice of One Charged with Receiving Stolen Property, or Vice Versa, Within Rule Requiring Cautionary Instruction, 74 ALR3d 560, §§ 3, 9, 13

What Constitutes "Recently" Stolen Property Within Rule Inferring Guilt from Unexplained Possession of Such Property, 89 ALR3d 1202.

LaFave & Scott, Substantive Criminal Law (West, 1986) § 8.10 pp. 421-37.

Wharton’s Criminal Law (West, 15th ed. 1993) § 439-453 pp. 593-625.

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Jury Instructions—First or Last?, Prettyman, 46 ABA 1066 (1960).

Reforming Jury Trials, Schwarzer, 1990 U. Chi. Legal F. 119, 130 (1990).

Communicating with Juries: Problems and Remedies, Schwarzer 69 Cal L. Rev. 731, 755 (1981).

Comment, Goldberg, Memory, Magic, and Myth: The Timing of Jury Instructions.

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Homicide: Presumption of Deliberation or Premeditation from the Circumstances Attending the Killing, 96 ALR2d 1435.

Homicide: Presumption of Deliberation or Premeditation from the Fact of Killing, 86 ALR2d 656.

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Case Note: Evidence - Reevaluating Criminal Defense Trial Strategy: Why Defendants Need to Think Twice Before Introducing Prior Convictions on Direct Examination - Ohler v. United States, 529 U.S. 753 (2000), 74 Temple L. Rev. 231 (2001).

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The Admission of Prior Inconsistent Statements as Substantive Evidence, 60 Temp. L.Q. 427, Summer, 1987, Pennsylvania Supreme Court Review, 1986, Kelly A. Kutler.

Homage to The Queen: Foundational Requirements For Impeachment by Prior Inconsistent

Statements, 35-FEB Tenn. B.J. 14, February, 1999, Randall E. Sermons.

Pa. Supreme Court Examines "Prior Inconsistent Statements," 2 No. 26 Lawyers J. 3, December 29, 2000, Common Law Encompassed Rule 607's Policy Before its Time, MaryAnn Fenicato.

Perpetual Confusion: the Use of Prior Inconsistent Statements in Certain Criminal Proceedings, 53 J. Mo. B. 381, November/December, 1997, David B. Cosgrove.

Use or Admissibility of Prior Inconsistent Statements of Witness as Substantive Evidence of Facts to Which They Relate in Criminal Case–Modern State Cases, 30 ALR4th 414.

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Consumption or Destruction of Physical Evidence Due to Testing or Analysis by Prosecution's Expert as Warranting Suppression of Evidence or Dismissal of Case Against Accused in State Court, 40 ALR4th 594.

Destruction of Ampoule Used in Alcohol Breath Test as Warranting Suppression of Result of Test, 19 ALR4th 509.

Duty of Prosecutor To Present Exculpatory Evidence To State Grand Jury, Sharon N. Humble, 49 ALR5th 639.

Homicide: Cremation of Victim's Body as Violation of Accused's Rights, 70 ALR4th 1091.

Prosecution's Failure to Preserve Potentially Exculpatory Evidence as Violating Criminal Defendant's Due Process Rights under Federal Constitution--supreme Court Cases, 102 L. Ed. 2d 1041.

Prosecutor's Duty, under Due Process Clause of Federal Constitution, to Disclose Evidence Favorable to Accused--supreme Court Cases, 87 L. Ed. 2d 802.

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Defendant is Entitled to a Jury Charge on Passion/Provocation Manslaughter When, Under an Objective Standard, There was Both Adequate Provocation and an Insufficient Time for Defendant to Regain Composure Prior to Slaying (Survey of Recent Developments in New Jersey Law), State v. Mauricio (N.J. 1990) 568 A.2d. 879, Ballot, 20 Seton Hall L.Rev. 971, Fall 1990.

Duress and Provocation as Excuses to Murder: Salutary Lessons From Recent Anglo-American Jurisprudence. A. Reed, 6 J. Transnat'l L. & Pol'y 51-92 Fall 1996.

Murder -- Provocation -- Unwilled Act -- Guidelines for Written Memorandum to Jury [South Australia], Fairall, 11 Crim.L.J. 231, Aug. 1987.

Provocation and Loss of Self-Control (Defenses and Jury Instructions in Murder Case) [Great Britain], Cowley, 56 J.Crim.L. 276, Aug. 1992.

Provocation: Partial Justification or Partial Excuse, Dressler, (1988) 51 Mod L.Rev. 167.

Nourse, Passion's Progress: Modern Law Reform and the Provocation Defense, 106 Yale L.J. 1331 (1997).

Texts:

LaFave & Scott, Substantive Criminal Law, (West, 1986) § 7.10.

Wharton’s Criminal Law, (West, 15th Ed. 1993) §§ 155/156, pp. 346-353.

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Carter v. State: to Overcome a Defendant's Sixth Amendment Right to a Public Trial, the Court must Provide a Compelling Interest Evidenced by Case- Specific Reasons, 30 U. Balt. L.F. 81, Summer-Fall, 1999, Akia Fox.

Federal Constitutional Right to Public Trial in Criminal Case–Federal Cases, 61 L. Ed. 2d 1018.

Giving, in Accused's Absence, Additional Instruction to Jury after Submission of Felony Case, 94 ALR2d 270.