1.    Jury Verdict Cannot Be Impeached

    The verdict of a jury may not be impeached. Your verdict is the verdict of the jury. No one in the world has the right to challenge you on the basis of the facts you find to be proven, or not proven.

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SAMPLE INSTRUCTION # 3:

    [The verdict of a jury may not be impeached.] Your verdict is the verdict of the jury. No one in the world has the right to question you as to how you arrived at your verdict.

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SAMPLE INSTRUCTION # 1:

    Each of you has a duty conscientiously to adhere to your own honest opinion, and there is nothing improper, questionable or contrary to good conscience for a jury finally to remain deadlocked.

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SAMPLE INSTRUCTION # 2:

    You are not partisans. You are judges -- judges of the facts. Each of you has the duty to conscientiously adhere to your own honest opinion and there is nothing improper, questionable or contrary to good conscience for a jury to remain deadlocked. However, if you are able to do so, I urge you to reach a verdict in this case.

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SAMPLE INSTRUCTION:

    Your verdict is a solemn judgment of fact, by the only persons entrusted now to make that judgment: the twelve of you. So long as you rely only on the evidence you have heard, no one in the world has the right to challenge you on the basis of the facts you find to be proved, or not proved.

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SAMPLE INSTRUCTION # 1:

    The verdict must represent the considered judgment of each juror. Your verdict, whether it be guilty or not guilty, must be unanimous.

    You should make every reasonable effort to reach a verdict. In doing so, you should consult with one another, express your own views, and listen to the opinions of your fellow jurors. Discuss your differences with an open mind. Do not hesitate to re-examine your own views and change your opinion if you come to believe it is wrong. But you should not surrender your honest beliefs about the weight or effect of evidence solely because of the opinions of your fellow jurors or for the purpose of returning a unanimous verdict.

    The twelve of you should give fair and equal consideration to all the evidence and deliberate with the goal of reaching an agreement which is consistent with the individual judgment of each juror.

    You are impartial judges of the facts. Your sole interest is to determine whether the government has proved its case beyond a reasonable doubt.

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SAMPLE INSTRUCTION # 2:

    Any verdict must represent the considered judgment of each juror. In order to return a verdict, it is necessary that each juror agree to that verdict. In other words, your verdict must be unanimous.

    It is your duty as jurors to consult with one another and to deliberate in an effort to reach agreement if you can do so without violence to individual judgment. Each of you must decide the case for yourself, but only after an impartial consideration of the evidence in the case 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] [conviction] as to the weight or effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict.

    Remember at all times, you are not partisans. You are judges –– judges of the facts. Your sole interest is to seek the truth from the evidence in the case.

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SAMPLE INSTRUCTION # 3:

    You are instructed that you may not return a verdict of guilty unless you unanimously agree that the government has proven beyond a reasonable doubt each and every element of the offense charged. [If some of you conclude that only some of these elements have been proven and the remainder of you conclude that only the other elements were proven, you may not, as a matter of law, convict the defendant.]

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SAMPLE INSTRUCTION # 4:

    You are instructed that before you may convict the defendant, you must unanimously agree upon the facts and circumstances which require that finding. That is, all of you must rely on the same items of evidence in order to return a verdict of guilty.

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SAMPLE INSTRUCTION # 5:

    You are instructed that before you may convict any defendant of any count, you must unanimously, that will be all twelve out of twelve, agree on the facts and circumstances which require that finding. That is, all of you must rely on the same items of evidence in order to return a verdict of guilty.

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SAMPLE INSTRUCTION # 6:

    You are instructed that you may not return a verdict of guilty unless you unanimously agree that the state has proven beyond a reasonable doubt each and every element of the offense charged.

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SAMPLE INSTRUCTION # 1:

    You are to arrive at a verdict if you can. If you cannot arrive at a verdict, that is also permissible. Each juror has to decide the guilt or innocence of the defendant. All we ask you to do is do your best, and I know you will. You are the sole judges of the evidence and the facts in this case. It is for you to say what the facts are. In considering the evidence, you should not permit yourself to be influenced by any sympathy, passion or prejudice. Let your verdict reflect the due performance of your duty.

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SAMPLE INSTRUCTION # 2:

    You are to arrive at a verdict if you can. If you can't arrive at a verdict, that's also permissible. Each juror has to decide guilt or innocence of each defendant on each count, and all we ask you to do is do your best. And I know you will. You are the sole judges of the evidence and the facts in this case. It's for you to say what the facts are. In considering the evidence, you should not permit yourself to be influenced by any sympathy, passion or prejudice. Let your verdict reflect the due performance of your duty.

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SAMPLE INSTRUCTION # 1:

    Upon retiring to the jury room, select one of your number as your foreperson. The foreperson will preside over your deliberations and be your representative here in court. That is the foreperson's only role; his or her opinion is not entitled to greater weight in your deliberations because he or she is the foreperson.

    Forms of verdict have been prepared for you. One form is for recording your verdict that the defendant is guilty or not guilty of the crime of ____________ charged in the indictment. The other forms, in the event you should need them, are for recording your verdicts that the defendant is guilty or not guilty of the lesser offenses of ___________.

    [Read forms of verdict]

    Take these forms to the jury room, and when you have reached unanimous agreement on a verdict, your foreperson will fill in, date, and sign the appropriate form.

AUTHORITIES:

SAMPLE INSTRUCTION # 2:

    Upon retiring to the jury room, select one Of your number as your foreperson. The foreperson will preside over your deliberations and will be your representative here in court.

    Forms of verdict have been prepared for you.

    [Forms of verdict read.]

    Take these forms to the jury room and, when you have reached unanimous agreement on the verdict, your foreperson will fill in, date, and sign the appropriate form.

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SAMPLE INSTRUCTION # 3:

    This is a criminal, not a civil, case; therefore, before the jury may return a verdict which may legally be received, such verdict must be reached unanimously. In a criminal case all 12 jurors must agree in order to arrive at a verdict.

    When you retire to the jury room, select one of your members to preside over your deliberations. His or her vote is entitled to no greater weight than the vote of any other juror.

    When you have agreed upon your verdict, have it signed and dated by the person you have selected to preside.

    Swear the officer.

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SAMPLE INSTRUCTION:

    You perform your duty as jurors as well by the return of a not guilty verdict as by the return of a guilty verdict. The State cannot lose, whichever verdict you return, provided your verdict be an honest verdict, based upon the evidence you have heard or the absence of evidence, and guided by my instructions to you.

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SAMPLE INSTRUCTION # 1:

    The question before you can never be: Will the [state] [government] [prosecution] win or lose the case? The [prosecution] [government] always wins when justice is done regardless of whether the verdict be guilty or not guilty.

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SAMPLE INSTRUCTION # 2:

    Keep constantly in mind that it would be a violation of your sworn duty to base a verdict upon anything but tie evidence in this case.

    Remember also, that the question before you can never be: Will the [state] [government] win or lose the case? The government always wins when justice is done, regardless of whether the verdict be guilty or not guilty.

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