The Shellow Collection: Duty Of Jury

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow Collection Table of Contents

Duty Of Jury

    1.    Duty Of Jury: Importance Of Criminal Case
    2.    Duty Of Jury: Jury Not To Consider Extrinsic Evidence
    3.    Duty Of Jury: Answers On Voir Dire Binding Throughout Trial
    4.    Duty Of Jury: Communication With The Court
    5.    Duty Of Jury: Generally
    6.    Duty Of Jury: Deliberation

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1. Duty Of Jury: Importance Of Criminal Case

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

I am aware that this trial has been a considerable burden upon you as well as upon the parties and their counsel, and also upon the court reporters, clerks and people in attendance. This case is of great importance. Every case is important to the parties involved but a criminal case is particularly important because there are at stake precious interests, such as possibly the liberty of the persons involved, and certainly, for all defendants, their honor, reputation and pride, and also there is the great interest of the society, of the United States of America and of the people in having justice administered equally and fairly.

AUTHORITIES:

United States v. Interstate Engineering Corp., 288 F. Supp. 402 D.N.H. l967).

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Verdict.

RELATED NCJIC MATERIALS:

See NCJIC 16.2 [Conduct And Duty Of The Jury During Trial].

See also NCJIC 16.3 [Duty Of Jury As To The Evidence].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

2. Duty Of Jury: Jury Not To Consider Extrinsic Evidence

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

In formulating your views of the facts you are not to bring to bear anything except the evidence you have heard in this courtroom. You are not to take into account any gossip, if you ever heard any, about the person on trial.

You are to ignore anything you may have seen in the newspapers, or on the television, or heard on the radio, or in any way learned about except what you learned in court.

AUTHORITIES:

United States v. Interstate Engineering Corp., 288 F. Supp. 402, 409 (D. N.H. 1967).

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

State v. Pietroske, Case No. 96-CF-126 (Manitowoc Co. Cir. Ct., 1997); State v. Mueller, No. 93-CF-69 (Fond du Lac County, Wisconsin 1994); State v. Pezze, File No. 91-CF-45 (Bayfield County Circuit Court, March, 1992); State v. Lofton, No. 86-CR-1699 (Brown County Circuit Court Branch IV, May, 1987).

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Verdict.

RELATED NCJIC MATERIALS:

See NCJIC 16.4 [Juror Exposure To And Consideration Of Extrinsic Evidence And Materials].

See also NCJIC 16.5 [Duty To Report Exposure To Or Knowledge Of Extraneous Matters].

See also NCJIC 16.6 [Jurors Not To Conduct Independent Investigation].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

3. Duty Of Jury: Answers On Voir Dire Binding Throughout Trial

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

In determining the facts, the jury is reminded that before each member was accepted and sworn to act as a juror, he or she was asked questions concerning competency, qualifications, fairness and freedom from prejudice and bias. On the faith of those answers, the juror was accepted by the parties. Therefore, those answers are as binding on each of the jurors now as they were then, and remain so until the jury is discharged from consideration of this case.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Blas, No. 89-CR-232 (E.D. Wis. 1990) (Curran, J.); United States v. Lamon, No. 89-CR-134 (E.D. Wis. 1989) (Curran, J.); United States v. Matta, No. 82-CR-20 (E.D. Wis. 1982); United States v. Stillman, No. 80-133-Erie (W.D. Pa. 1981); United States v. Linton, No. CR-R-80-24-ECR (D. Nev. 1981); United States v. Orzechowski, No. 75-CR-83 (E.D. Wis. 1976); United States v. Umentum, No. 75-CR-103 (E.D. Wis. 1976); United States v. Reigh, No. 76-CR-7 (W.D. Wis. 1976); United States v. Parkison, No. 75-CR-73 (E.D. Wis. 1976); State v. Lyons, No. 2-359976 (Circuit Court, Milwaukee County 1987); State v. Lofton, No. 86-CR-1699 (Brown County Circuit Court Branch IV, May, 1987); State v. Dronso, No. H-9460 (Milwaukee County Circuit Court, January, l975); United States v. Higgans, No. 73-CR-102 (E.D. Wis. 1973); LaBuy, Jury Instructions in Federal Criminal Cases, 9 (1965).

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Verdict.

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

4. Duty Of Jury: Communication With The Court

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

I do not anticipate that you will need to communicate with me. If you do, however, the only proper way is in writing, signed by the foreperson, or if he or she is unwilling to do so, by some other juror, and given to the [Marshal] [Bailiff].

AUTHORITIES:

Seventh Circuit Committee (1980) 7.05 [Communication with Court].

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985) [modified].

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Introductory Instructions.

See also THE SHELLOW COLLECTION: Concluding Instructions.

See also THE SHELLOW COLLECTION: Verdict.

RELATED NCJIC MATERIALS:

See NCJIC 16.2 [Conduct And Duty Of The Jury During Trial].

See also NCJIC 16.3 [Duty Of Jury As To The Evidence].

See also NCJIC Chapter 283: Communication With Jury.

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

5. Duty Of Jury: Generally

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

    Upon retiring to the jury room, you will select one of your number to act as your chief juror. The chief juror will preside over your deliberations.

    It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching an agreement if you can do so without violence to individual judgment. You must each decide the case for yourself but you should do so only after you have impartially considered the evidence with your fellow jurors. In the course of your deliberations, do not hesitate to re-examine your own views and to change your opinion if you become convinced that you are in error.

    Your verdict must be unanimous.

    If it becomes necessary during your deliberations to communicate with the Court, you may send a note by the bailiff. That note should be signed by the chief juror.

    Until you have reached a unanimous verdict you must not disclose to any person -- not even to the Court -- how the jury stands, numerically or otherwise, on the question of guilt or innocence.

    When you have reached unanimous agreement as to your verdict, the chief juror should complete the verdict form that will be provided you and then inform the bailiff that you have reached a verdict.

    When you retire to the jury room, you should proceed to elect your chief juror. The bailiff will bring to you the exhibits, the instructions, and the form of verdict.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Introductory Instructions.

See also THE SHELLOW COLLECTION: Concluding Instructions.

See also THE SHELLOW COLLECTION: Verdict.

RELATED NCJIC MATERIALS:

See NCJIC 16.2 [Conduct And Duty Of The Jury During Trial].

See also NCJIC 16.3 [Duty Of Jury As To The Evidence].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

6. Duty Of Jury: Deliberation

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

Each of you must decide the case for yourself and do so only after impartial consideration of the evidence with your fellow jurors. In the course of your deliberations, do not hesitate to re-examine your own views and change your opinion if convinced it is erroneous. But do not surrender your honest opinion as to the weight or effect of the evidence because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Esenberg, No. 76-CR-5 (E.D. Wis. 1976).

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Introductory Instructions.

See also THE SHELLOW COLLECTION: Concluding Instructions.

See also THE SHELLOW COLLECTION: Verdict.

RELATED NCJIC MATERIALS:

See NCJIC 16.2 [Conduct And Duty Of The Jury During Trial].

See also NCJIC 16.3 [Duty Of Jury As To The Evidence].