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

VOLUME 18 - CHAPTER 305
Go to Volume 18 Table of Contents  -  Go to Chapter 305 Table of Contents

Research Notes

    305.3.1    Causation
    305.3.2.1 Cautionary/Limiting Instructions
    305.3.2.2 Character
    305.3.3    Child Abuse/Neglect/Endangerment
    305.3.4    Child Testimony
    305.3.5    Circumstantial Evidence
    305.3.6    Claim Of Right
    305.3.7    Collateral Estoppel
    305.3.8    Conduct And Duty Of The Jury: Deliberations
    305.3.9    Confessions/Admissions
    305.3.10  Consent
    305.3.11  Conspiracy
    305.3.12  Contempt/Failure To Appear/Obstruction Of Justice
    305.3.13  Continuing Criminal Enterprise (CCE)
    305.3.14  Crimes Against Police Officer, Etc.
    305.3.15  Criminal Street Gangs
    305.3.16  Criminal Threats

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

VOLUME 18 - CHAPTER 305

Homicide: Liability Where Death Immediately Results from Treatment or Mistreatment of Injury Inflicted by Defendant, 100 ALR2d 769.

Homicide: Liability Where Death Immediately Results from Treatment or Mistreatment of Injury Inflicted by Defendant, 50 ALR5th 467.

Jury Instructions and Proximate Cause: An Uncertain Trumpet in Georgia, Mikell, 27 Georgia St. B.J. 60, Nov. 1990.

Necessity and Effect, in Homicide Prosecution, of Expert Medical Testimony as to Cause of Death, 65 ALR3d 283.

Proximate Cause in the Law of Homicide -- With Special Reference to California Cases, James L. Focht, Jr., 12 S.Cal.L.Rev. 19, 31-32, 1938.

Whether Act of Deceased Caused by Accused or Novus Actus Interveniens -- Direction to Jury [Great Britain], Killick and Smith, Crim.L.Rev. 198, Mar. 1992.

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

VOLUME 18 - CHAPTER 305

Addressing Jurors Individually, Failure to Instruct to Disregard Remarks as Affecting Misconduct of Counsel in Addressing Individually or by Name Particular Juror During Argument, 55 Alr2d 1203.

Closing Arguments -- Improper Remarks -- Jury Instructions [Massachusetts], Mitnick, 75 Mass.l.rev. 42, March 1990.

Defendant's Absence from Trial: Necessity and Content of Instructions to Jury Respecting Reasons for or Inferences from Accused's Absence from State Criminal Trial, 31 Alr4th 676.

Duty to Give Cautionary Instruction Against Emotional Appeal of Photograph of Corpse, 73 Alr2d 800.

Effect of Rule 201(g) of the Federal Rules of Evidence, Providing for Instruction in Criminal Case That Jury Need Not Accept as Conclusive Fact Judicially Noticed, on Propriety of Taking Judicial Notice on Appeal under Rule 201(f), 49 ALR Fed 911.

The Empirical, Historical and Legal Case Against the Cautionary Instruction: A Call for Legislative Reform, Morris, 1988 Duke L.J. 154, February 1988.

Gambling: Instruction as to Limited Effect of Evidence of Other Acts of Gambling, 64 ALR2d 846.

Intoxicating Liquor: Limitations by Instructions on Consideration of Evidence of Other Sales Admitted in Prosecution for Illegal Sale of Intoxicating Liquor, 40 ALR2d 863.

"The Jury Will Disregard. . ." But New Study Suggests That By Then It's Too Late [ABA Foundation research on whether jurors follow judge's admonition to disregard certain evidence, includes related article], Marcotte, 73 ABA J. 34, Nov. 1, 1987.

Necessity and Sufficiency of Cautionary Instructions, in Prosecution for Rape, as to Evidence of Other Similar Offense, 77 Alr2d 906.

The Power and Duty of Federal Judges to Marshall and Comment on the Evidence in Jury Trials and Some Suggestions on Charging Juries, Weinstein, [expansion of remarks to Eleventh Circuit Judicial workshop in Destin, Florida, October 28, 1987] 118 West's Fed. Rules Decisions 161, Feb. 1988.

Should Judges Sum Up on the Facts? [Great Britain] Wolchover, Crim. L.Rev. 781, Nov. 1989.

Similar Fact Evidence and Limited Use Instructions: An Empirical Investigation [Canada], Schaefer and Hansen, 14 Crim.L.J. 157, June 1990.

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

VOLUME 18 - CHAPTER 305

Article: "Whodunit" Versus "What Was Done": When to Admit Character Evidence in Criminal Cases, 79 N.C.L. Rev. 939 (2001).

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

VOLUME 18 - CHAPTER 305

See also NCJIC Research Notes 305.16.1 [Parental Discipline].

Admissibility at Criminal Prosecution of Expert Testimony on Battering Parent Syndrome, 43 ALR4th 1203 (1986).

Admissibility of Expert Medical Testimony on Battered Child Syndrome, 98 ALR3d 306 (1980).

Child Abuse: Father's Conviction for Felony Child Abuse Resulting in Death was Improper in Light of Instructions that Erroneously Delegated to Jury Function of Determining Availability of Affirmative Defense of "Treatment by Spiritual Means" and that Eliminated Prosecutor's Burden of Proof with Respect to that Defense (Lybarger v. People (CO 1991) 807 P2d 570, 581; Banks, 30 J.Fam.L.667, 1991/1992.

Failure to Provide Medical Attention for Child as Criminal Neglect, 12 ALR2d 1047.

Parent's Involuntary Confinement, or Failure to Care for Child as Result Thereof, as Evincing Neglect, Unfitness, or the like in Dependency or Divestiture Proceeding, 79 ALR3d 417.

Using the Doctrine of Chances to Prove Actus Reus in Child Abuse and Acquaintance Rape: People v. Ewoldt Reconsidered. M. Cammack, 29 U.C. Davis L. Rev. 355 (1996).

Validity and Construction of Penal Statute Prohibiting Child Abuse, 1 ALR4th 38.

Why the System Fails Abused Children. 33 Trial 18-22+ March 1997.

Withholding Medical Treatment From Infants: When It Is Child Neglect, K. Knepper, 33 U. Louisville J. Family L. 1-53 Winter '94/'95.

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

VOLUME 18 - CHAPTER 305

    305.3.4    Child Testimony

See also NCJIC Research Notes 305.23.3 [Witness Credibility].

Evidence of Child -- Corroboration Where Identification at Issue -- Independent Source -- Direction on Functions of Judge and Jury Regarding Corroboration Evidence [Great Britain], Rees and Birch, Crim.L.Rev. 301, May 1988.

Instructions to Jury as to Credibility of Child's Testimony in Criminal Case, 32 ALR4th 1196.

Questioning the Reliability of Children's Testimony: An Examination of the Problematic Elements. A.R. Dunn, 19 Law and Psychol. Rev. 203-15, Spring 1995.

Sex Abuse, Accusations of Lies, and Videotaped Testimony: A Proposal for a Federal Hearsay Exception in Child Sexual Abuse Cases. D.B. Lathi. 68 U. Colo. L. Rev. 507-40, Spring 1997.

Two Critical Evidentiary Issues in Child Sexual Abuse Cases: Closed-Circuit Testimony by Child Victims And Exceptions to the Hearsay Rule. A.C. Goodman, 32 Am. Crim. L. Rev. 855-82 Spring 1995.

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

VOLUME 18 - CHAPTER 305

    305.3.5    Circumstantial Evidence

Modern Status of Rule Regarding Necessity of Instruction on Circumstantial Evidence in Criminal Case, 36 ALR4th 1046.

Admissibility of an Out-of-court Confession: Inability to Make an In- Court Identification of the Defendant as the Out-of-court Confessor, Despite Exactness of Names and Other Circumstantial Evidence of Identity, Goes to the Admissibility Rather than to the Weight of the Confession 22 U. Balt. L. Rev. 389, Spring, 1993, Roberta C. Sinopole.

Criminal Law--definitional Instruction–Reasonable Doubt Definitional Instruction Results in Abolishing "Exclusion of Outstanding Reasonable Hypothesis" as Standard of Review in Circumstantial Evidence Cases, 23 St. Mary's L.J. 1195, 1992, Geesa v. State, 820 S.W.2D 154 (Tex. Crim. App. 1991) John J. Lapham.

Money Laundering and Drug Trafficking: a Question of Understanding the Elements of the Crime and the Use of Circumstantial Evidence, 28 U. Rich. L. Rev. 255, April,1994, Thomas M. DiBiagio.

"Perhaps What Ye Say Is Based Only on Conjecture"–Circumstantial Evidence, Then and Now, 31 Hous. L. Rev. 1371, 1995, Irene Merker Rosenberg.

Perjury--circumstantial Evidence Is Sufficient for False-swearing Conviction of Union Officer Filing Non-communist Affidavit, 70 Harv. L. Rev. 383, December, 1956.

Using Circumstantial Evidence to Prove False Swearing, 1990-Jan Army Law. 36, January, 1990, Department of the Army Pamphlet 27-50-205, Eugene R. Milhizer

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

VOLUME 18 - CHAPTER 305

Claims of Right in Theft And Robbery Prosecutions, 73-NOV Fla. B.J. 60, November, 1999, Richard J. Sanders.

What's Right with a Claim-of-Right, 33 U.S.F. L. Rev. 673, Summer 1999, By Danielle R. Newton.

Texts:

LaFave & Scott, Substantive Criminal Law, (West, 1986) § 8.5(a)--(e).

Robsinson, Criminal Law Defenses, (1984) § 109(b) pp. 545-46.

Wharton’s Criminal Law, (15th Ed. 1995) § 353-354; § 455.

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

VOLUME 18 - CHAPTER 305

    305.3.7    Collateral Estoppel

Acquittals in Jeopardy: Criminal Collateral Estoppel and the Use of Acquitted Act Evidence, 141 U. Pa. L. Rev. 283, November, 1992, Cynthia L. Randall.

The Collateral Estoppel and Caremark Consequences of Criminal Convictions in Environmental Cases, American Law Institute - American Bar Association Continuing Legal Education May 11, 2000, Criminal Enforcement of Environmental Laws, David P. Bancroft, SE72 ALI-ABA 137.

The Due Process Roots of Criminal Collateral Estoppel, 109 Harv. L. Rev. 1729, May, 1996.

"Give Me Your Tired, Your Poor," Your Collaterally Estopped Masses? Guilty Pleas and Collateral Estoppel of Alienage in Criminal Proceedings: United States v. Gallardo-Mendez, 44 Vill. L. Rev. 671, 1999, Michael P. Daly.

Precluding the Accused: Offensive Collateral Estoppel in Criminal Cases, 80 Va. L. Rev. 1379, September, 1994, Richard B. Kennelly, Jr.

100 Years of Double Jeopardy Erosion: Criminal Collateral Estoppel Made Extinct, 48 Drake L. Rev. 379, 2000, Charles William Hendricks.

Texts:

Caplow & Griffin, Multidefendant Criminal Cases: Federal Law & Procedure, (West, 1998) § 1:7.

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

VOLUME 18 - CHAPTER 305

Additional Instruction to Jury after Submission of Felony Case, 94 ALR2d 270, 94 ALR2d 307.

Amended or Additional Instructions, Right to Additional Argument on Matters Covered by, 15 ALR2d 490.

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

The Case for Submitting Written Instructions to the Jury [N. Carolina], Herman, 39 N. Carolina Sate B.Q. 14, Fall 1992.

Deception -- Dishonesty -- Proper Direction to Jury -- Questions During Retirement -- Duty to Disclose Contents to Counsel [Great Britain], Rees and Smith, Crim.L.Rev. 292, April 1992.

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

How Does the Dynamite Charge Affect Jury Determinations? [case note: U.S. v. Arpan (8th Cir. 1988) 887 F2d 873], Stanton, 35 S. Dakota L.Rev. 461, Fall 1990.

Instructions urging dissenting jurors in state criminal case to give due consideration to opinion of majority (Allen charge) -- Modern cases, 97 ALR3d 96.

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.

Judicial Misconduct During Jury Deliberations, Gershman, 27 Crim.L. Bull. 291, July-Aug. 1991.

Jury Instructions in the Jury Room?, Wade, 33 For the Defense 28, April 1991.

Jury Instructions must Be Cast So That Juries Will Interpret Presumptions as Permissive. (Annual Survey of S. Carolina Law: Jan. 1 - Dec. 31, 1987), Smith, 40 S. Carolina L.Rev. 60, Autumn 1988.

Jury's Discussion of Parole Law as Ground for Reversal or New Trial, 21 ALR4th 420, §§ 3, 4[b].

Jury Numerical Division: Propriety and Prejudicial Effect of Trial Court's Inquiry, 77 ALR3d 769.

Modern Status of Rule That Court May Instruct Dissenting Jurors to Give Due Consideration to Opinion of Majority (Allen charge), 44 ALR Fed 468.

The Power and Duty of Federal Judges to Marshall and Comment on the Evidence in Jury Trials and Some Suggestions on Charging Juries [expansion of remarks to Eleventh Circuit Judicial workshop in Destin, Florida, October 28, 1987], Weinstein, 118 West's Fed. Rules Decisions 161, Feb. 1988.

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.

Presence of Alternate Juror in Jury Room as Ground for Reversal of State Criminal Conviction, 15 ALR4th 1127.

Postretirement Out-of-Court Communications Between Jurors and Trial Judge as Grounds for New Trial or Reversal in Criminal Case, 43 ALR4th 410.

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

Propriety and Effect of Jurors' Discussion of Evidence among Themselves Before Final Submission of Criminal Case, 21 ALR4th 444.

Propriety and Prejudicial Effect, in Criminal Case, of Placing Jury in Charge of Officer Who Is a Witness in the Case, 38 ALR3d 1012.

Propriety and Prejudicial Effect of Sending Written Instructions with Retiring Jury in Criminal Case, 91 ALR3d 382.

Propriety and Prejudicial Effect of Trial Court's Inquiry as to Numerical Division of Jury, 77 ALR3d 769 (1977).

Propriety and Prejudicial Effect of Trial Court's Inquiry as to Numerical Division of jury, 77 ALR3d 769.

Propriety of Reopening Criminal Case in Order to Present Omitted or Overlooked Evidence, after Submission to Jury but Before Return of Verdict, 87 ALR2d 849.

Propriety, under State Statute or Court Rule, of Substituting State Trial Juror with Alternate after Case Has Been Submitted to Jury, 88 ALR4th 711.

Right to Have Reporter's Notes Read to Jury, 50 ALR2d 176.

Should Judges Sum Up on the Facts? [Great Britain] Wolchover, Crim. L.Rev. 781, Nov. 1989.

Similar Fact Evidence and Limited Use Instructions: An Empirical Investigation [Canada], Schaefer and Hansen, 14 Crim.L.J. 157, June 1990.

Suspension of sentence: Propriety and effect of court's indication to jury that court would suspend sentence, 8 ALR2d 1001.

Time Jury May Be Kept Together on Disagreement in Criminal Case, 93 ALR2d 627.

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

VOLUME 18 - CHAPTER 305

Admissibility of confession or other statement made by defendant as affected by delay in arraignment--modern state cases, 28 ALR4th 1121.

Confessional Evidence -- Direction to Jury, Wright, [New South Wales] 16 Crim.L.J. 116, April 1992.

The Consequences of False Confessions: Deprivations of Liberty and Miscarriages of Justice in the Age of Psychological Interrogation, Richard A. Leo & Richard J. Ofshe, 88 Journal of Criminal Law and Criminology 429, 1998.

The Decision to Confess Falsely: Rational Choices and Irrational Action, Ofshe & Leo, 74 Denv.U.L.Rev. 979 (1997).

Judicial Directions on Disputed Confessional Evidence [Australia] Byrne, 62 Australian L.J. 1046, Dec. 1988.

The High Court's Decision Requiring Trial Judges as a General Rule to Warn Juries About Confessional Statements to the Police [Australia], Starke, 65 Australian L.J. 314, June 1991.

Mental Subnormality of Accused as Affecting Voluntariness or Admissibility of Confession, 8 ALR4th 16.

Right to Severance Where Codefendant Has Incriminated Himself, 54 ALR2d 830, secs. 3-5, and Later Case Service.

Sufficiency of Showing That Voluntariness of Confession or Admission Was Affected by Alcohol or Other Drugs, 25 ALR4th 419.

Voluntariness of Confession as Affected by Police Statements That Suspect's Relatives Will Benefit by the Confession, 51 ALR4th 495.

What Is An Involuntary Confession Now?, White, 50 Rutgers L.Rev. 2001 (1998).

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

VOLUME 18 - CHAPTER 305

Consent As Defense To Charge Of Criminal Assault And Battery, 58 ALR3d 662.

Larceny: Entrapment Or Consent, 10 ALR3d 1121.

Maintainability Of Burglary Charge, Where Entry Into Building Is Made With Consent, 58 ALR4th 335.

Texts:

LaFave & Scott, Substantive Criminal Law (West, 1986) § 5.11.

Wharton’s Criminal Law (15th Ed. 1993) § 46.

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

VOLUME 18 - CHAPTER 305

Admissibility of Statements of Coconspirators Made after Termination of Conspiracy and Outside Accused's Presence, 4 ALR3d 671.

An Analysis of the Rules of Contribution and No Contribution For Joint and Several Liability in Conspiracy Cases. T.J. Stanley, 35 Santa Clara L. Rev. 1-122 1994.

Annotation, Impossibility of Consummation of Substantive Crime as Defense in Criminal Prosecution for Conspiracy or Attempt to Commit Crime, 37 ALR3d 375.

Conspiracy Theory, 112 Yale L.J. 1307 (2003).

Compound/Complex Criminal Statutes and the Constitution: Demanding Unanimity as to Predicate Acts, Eric S. Miller, (1995) 104 Yale L.J. 2277.

Impossibility of Consummation of Substantive Crime as Defense in Criminal Prosecution for Conspiracy or Attempt to Commit Crime, 37 ALR3d 375.

Portable Guide to Federal Conspiracy Law - Developing Strategies for Criminal and Civil Cases, McSorley, (ABA, 2003) Chapter 2.

Right of Defendants in Prosecution for Criminal Conspiracy to Separate Trials, 82 ALR3d 366.

Whose Head is in the Sand? Problems with the Use of the Ostrich Instruction in Conspiracy Cases, Chinni, 13 West. N. Eng. L.Rev. 35, Winter 1991.

Texts:

Caplow & Griffin, Multidefendant Criminal Cases: Federal Law & Procedure, (West, 1998) § 13:11-13:18.

Devitt, section 28.06 Washington Pattern Jury Instructions - Criminal, WPIC 13.03, (West, 2nd ed. 1994) see generally Conspiracy: Admissibility Of Conspirator Statements.

Hollander & Bergman, Everytrial Criminal Defense Resource Book, (West, 1999) pp. 31-1-10.

LaFave & Scott, Substantive Criminal Law, (West, 1986) § 6.5.

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

VOLUME 18 - CHAPTER 305

The Boundaries of Contempt: Must The Court's Power Yield to Due Process?, 46-May R.I. B.J. 9, May, 1998, Robert H. Whorf.

Criminal And Civil Contempt: Some Sense of a Hodgepodge, 13 J. Suffolk Acad. L. 1, 1999, Lawrence N. Gray.

Criminal Contempt: Jury Trial, Private Prosecutors & Child Support, 34-AUG Tenn. B.J. 22, July/August, 1998, Clark Lee Shaw.

Criminal Procedure--pounders V. Watson: Summary Contempt--zealous Advocates Beware!, 29 U. Mem. L. Rev. 463, Winter 1999, Lisa A. Houston.

Johnson v. State: Defense Attorney's Arrest For Contempt of Court in The Presence of The Jury Was Prejudicial And Denied Defendant The Right to a Fair And Impartial Trial, 29 U. Balt. L.F. 61, Spring/Summer 1999, Walter W. Green.

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

VOLUME 18 - CHAPTER 305

Changing The Tide of Double Jeopardy in The Context of Continuing Criminal Enterprise, 87 J. Crim. L. & Criminology 967, Spring 1997, Kappeler.

Collaring Drug Kingpins: International Extradition And Continuing Criminal Enterprise in United States V. Levy, 16 Md. J. Int'l L. & Trade 127, Spring, 1992, Roger McDonough

The Continuing Criminal Enterprise Statute And Jury Verdicts: Differing Conceptions of "Jury Unanimity," 20 J. Legis. 257, 1994, Kirsten M. Dunne.

Double Jeopardy, Conspiracy And Continuing Criminal Enterprises (Must The Section 846 Conviction Be Vacated?), 1994 Ann. Surv. Am. L. 125, 1994, Jeffrey L. Nagel.

Predicate Offenses And Jury Agreement Under The Continuing Criminal Enterprise Statute, 1994 U. Chi. Legal F. 325, 1994, Cyrus Amir-Mokri.

Proof of Conviction Not Necessary to Show a Predicate Criminal Offense Under The Continuing Criminal Enterprise Statute, 21 U. Ark. Little Rock L. Rev. 639, Spring, 1999, Julie DeWoody Greathouse.

Right to a Unanimous Jury Verdict--a Trial Court's Failure to Inform Jurors That They Must Agree Unanimously on Both The Existence of The Continuing Criminal Enterprise Predicate Offenses And The Identity of Those Offenses Violates a Criminal Defendant's Sixth Amendment Right, 28 Seton Hall L. Rev. 1074, 1998, Richard Wood.

United States V. Canino and The Continuing Criminal Enterprise: Do Drug Kingpins Have a Right to Specific Juror Agreement?, 15 W. New Eng. L. Rev. 271, 1993, Katherine L. Harvey.

Texts:

Gurulé, Complex Criminal Litigation - Prosecuting Drug Enterprises & Organized Crime (Lexis, 1996) Chapter 1.

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

VOLUME 18 - CHAPTER 305

Criminal Law--Resisting Arrest--Unlawful Arrest--The Pennsylvania Supreme Court Held That Resistance to an Arrest Found to be Unlawful Cannot Result in a Conviction For Resisting Arrest But Can Result in a Conviction For Aggravated Assault, A.W. Tauson, 34 Duq. L. Rev. 755-75 Spring 1996.

Modern Status of Rules as to Right to Forcefully Resist Illegal Arrest, 44 ALR3d 1078.

Right to Resist Excessive Force Used in Accomplishing Lawful Arrest, 77 ALR3d 281.

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

VOLUME 18 - CHAPTER 305

The Constitutionality of Enjoining Criminal Street Gangs as Public Nuisances, 89 Nw. U. L. Rev. 212, Fall, 1994, Christopher S. Yoo.

Crimes; Criminal Street Gangs, 25 Pac. L.J. 523 Pacific Law Journal January, 1994, Review of Selected 1993, Penal Code §§ 186.26 (new). AB 514 (Gotch); 1993 STAT. Ch. 557, Spencer V. Beni.

Crimes; Sentence Enhancement–Criminal Street Gangs, 26 Pac. L.J. 431, January, 1995 Review of Selected 1994 Penal Code §§ 186.22 (Amended). SB 480 (McCorquodale); 1994 Stat. Ch. 47 (Effective April 19, 1994) Kevin T. Collins.

The Jets and the Sharks are Dead: State Statutory Responses to Criminal Street Gangs. D. R. Truman, student author. 73 Wash. U. L.Q. 683-735 Summer 1995.

People ex Rel. Gallo v. Acuna: Pulling in The Nets on Criminal Street Gangs, 35 San Diego L. Rev. 343, Winter 1998, Edson McClellan.

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

VOLUME 18 - CHAPTER 305

Threats, Free Speech, and the Jurisprudence of the Federal Criminal Law, 2002 BYU L. Rev. 829 (2002).