NATIONAL
CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
VOLUME 13: BURDENS, ARGUMENT, DELIBERATION AND VERDICT (Chapters 270-294)
TABLE OF CONTENTS
Chapter 270: Burdens And Standards Of Proof
270.1 Burdens And Standards Of Proof: General Principles
270.1.1 Identifying The Party Who Has The Burden Of Proof
270.1.1.1 The Party And Burden Must Be Specified
270.1.2 Identifying The Specific Issues To Which The Burden Applies – Application Language
270.1.2.1 Application Language: Duty To Instruct As To What Must Be Proven To Convict
270.1.2.2 Application Language: Specific Words And Phrases
270.1.3 Role Of Charging Document
270.1.3.1 Charging Document And Burden Of Proof
270.1.3.2 Charging Document Is Not Evidence
270.1.3.3 Charging Document: No Reference To Grand Jury
270.1.3.4 Charging Document: Explanation Of The Term “Information”
270.1.4 Impact Of Stipulation On Burden Of Proof
270.1.4.1 Stipulation As To Prior Conviction
270.1.4.2 Stipulation As To Matters Other Than Prior Conviction
270.1.4.3 Use Of Stipulation To Exclude Consciousness Of Guilt Evidence
270.1.4.4 Failure To Contest Element Does Not Eliminate Prosecution’s Burden To Prove It
270.2 Presumption Of Innocence - Prosecution Burden To Prove Guilt
270.2.1 Presumption Of Innocence: Preliminary Instruction
270.2.2 Duty To Presume Defendant Innocent: Defendant's Attempt To Refute Prosecution Evidence Does Not Shift Burden
270.2.3 Duty To Presume Defendant Innocent: Defendant Not Required To Testify Or Produce Any Evidence
270.2.4 Presumption Of Innocence Continues Throughout Trial And Deliberation
270.2.5 Definition Of The Term "Burden"
270.2.6 Rejection Or Disbelief Of Witness Does Not Satisfy Prosecution’s Burden
270.2.7 Prosecution Bound by Defendant's Statement Unless Contrary Evidence Presented
270.2.8 Error To Instruct Jury That Defendant Is Presumed "Not Guilty"
270.2.9 Failure To Instruct On Burden Of Proof: Reference To Burden In Other Instructions Or Argument Does Not Cure The Error
270.2.10 Avoiding Language That Burden Never "Shifts" To Defendant
270.2.11 Presumption Of Innocence Is Not A "Mere Slogan"
270.2.12 "Guilt Or Innocence" Comparison Undermines Presumption Of Innocence
270.2.13 Presumption Of Innocence Applies To Each Material Allegation Of The Charge
270.2.14 Improper To Instruct That Plea Of Not Guilty Constitutes A Denial Of Every Material Allegation In The Charges
270.2.15 Presumption Of Innocence Alone Sufficient To Acquit
270.2.16 Clarification Of Burden Of Proof When One Defendant Points The Finger At Another
270.2.17 Burden Of Proof Is Not Satisfied By Equally Conflicting Inferences That Are In A State Of Equipoise
270.2.18 Instruction Defining Reasonable Doubt May Not Cure Failure To Instruct On Presumption Of Innocence
270.2.19 Presumption Of Innocence: Federal Model Instructions And Notes
270.3 Presumption Of Innocence: Specific Words And Phrases
270.3.1 Jury's Duty Is To Decide If The Prosecution Has Met Its Burden, Not To Find Or Seek "The Truth"
270.3.2 "If you find..." Language Improperly Shifts Burden To Defendant
270.3.3 Requiring Jury To “Find” A Reasonable Doubt To Acquit Improperly Shifts Burden To Defendant
270.3.4 Improper To State that Defendant Must "Raise" Or "Create" Reasonable Doubt
270.3.5 Improper To State That Defendant Must Present “Some Evidence” To Create A Reasonable Doubt
270.3.6 Constitutional Challenge To Instruction That The Defendant Is Presumed Innocent "Until" Contrary Is Proven
270.3.7 Whether "Defendant Claims . . . " Shifts The Burden
270.4 Reasonable Doubt Standard: General Principles
270.4.1 Reasonable Doubt As To Any Element Or Essential Fact By Any Juror Precludes Conviction
270.4.2 Proof Beyond A Reasonable Doubt: Applicable To Subordinate Facts Essential To Proof Of An Element Of A Crime
270.4.3 If Jury Has Reasonable Doubt It "Must" Acquit
270.4.4 Defense Theory Which Negates Intent: Jury Must Acquit If The Theory Raises A Reasonable Doubt
270.4.5 Reasonable Doubt May Be Based On A Conflict In The Evidence
270.4.6 Reasonable Doubt May Be Based On Lack Of Evidence Or Conflict In The Evidence
270.4.7 Reasonable Doubt: Defendant Need Not Prove Probability Of Innocence
270.4.8 Definition Of Lesser Offense Should Focus On Distinction Between Greater And Lesser Offenses
270.4.9 Instruction On Reasonable Doubt As To Some Issues And Not Others
270.4.10 Any Single Fact May Be Sufficient For A Reasonable Doubt
270.4.11 Erroneous Reasonable Doubt Instruction As Reversible Per Se
270.4.12 Error To Instruct That All Facts Need Not Be Found Beyond A Reasonable Doubt
270.4.13 Whether Reasonable Doubt Should Be Defined
270.4.14 Dilution Of Reasonable Doubt Standard As Due Process Violation
270.5 Reasonable Doubt Standard: Specific Words And Phrases
270.5.1 Defining Reasonable Doubt: Words And Phrases To Be Avoided
270.5.2 Error To Instruct Jury That “Absolute Certainty” Is Not Required
270.5.3 Proof Beyond A Reasonable Doubt Requires More Than “Strong And Convincing Belief”
270.5.4 Error To Characterize Reasonable Doubt As "Doubt For Which Some Good Reason Can Be Given"
270.5.5 Whether Reasonable Doubt Should Be Related To “Every Day” Decisions
270.5.6 Propriety Of Defining Reasonable Doubt In Terms Of "Hesitation"
270.5.7 Error To Instruct Juror That Basis Of Reasonable Doubt Must Be Articulated
270.5.8 Proof Beyond A Reasonable Doubt: Use Of The Term “Moral Evidence” Improper
270.5.9 Use Of The Term "Probable" Reduces Prosecution's Burden To Prove Guilt Beyond A Reasonable Doubt
270.5.10 Strong Suspicion No Substitute For Proof Beyond A Reasonable Doubt
270.5.11 Reasonable Doubt: Specific Language -- Instruction That A Reasonable Doubt Cannot Be Based On Speculation
270.5.12 "Abiding Conviction," Must Be Defined To Avoid Confusion With The Clear And Convincing Evidence Standard
270.5.13 Chart: Survey Of 50 State’s Reasonable Doubt Definitions
270.6 Reasonable Doubt Standard: Comparison With Lesser Standards
270.6.1 Comparison Of Reasonable Doubt With Clear And Convincing Evidence Standard
270.6.2 Comparison Of Reasonable Doubt With Preponderance Standard
270.7 Reasonable Doubt Standard: Strategic Considerations
270.7.1 Definition Of Reasonable Doubt: Strategy Considerations
270.7.1.1 Does "Firmly Convinced" Language Better Focus The Jury On The Lack Of Evidence?
270.7.1.2 Does "Hesitate-To-Act" Language Offer A Strategic Benefit To The Defense?
270.7.1.3 Should A Definition Of "Beyond A Reasonable Doubt" Be Given?
Chapter 271: Evidentiary Inferences And Presumptions
271.1 Evidentiary Inferences And Presumptions: Constitutional Issues
271.1.1 Presumptions: Instructing Jury That It “Would Be Justified” In Drawing The Inference Impermissibly Shifts The Burden
271.1.2 Irrational Use Of Permissive Inference
271.1.3 Challenge To Permissive Inference As Improper Prosecution Pinpoint Instruction
271.1.4 Permissive Inference Language
271.2 Inferences And Presumptions: Miscellaneous Issues
271.2.1 Consciousness Of Guilt
271.2.2 Consciousness Of Innocence
271.2.3 Inference From Possession Of Recently Stolen Property: Defense Theories To Challenge Or Limit The Inference
Chapter 272: Summation/Closing Argument To Jury
272.1 Summation/Closing Argument: General Principles
272.1.1 Right To Summation/Closing Argument Founded On Fundamental Federal Constitutional Rights
272.1.2 Summation/Closing Argument: Jurors Should Listen Closely To The Arguments And Pay "Close Attention"
272.1.3 Summation/Closing Argument Instruction
272.1.4 Conflict Between Jury's Recollection And Summation/Closing Argument As To Evidence: Jury May Ask For Readback
272.1.5 Instruction To Disregard Theories Advanced During Summation/Closing Argument For Which No Substantial Evidence Was Presented
272.2 Summation/Closing Argument: Right To Notice Of Instructions Before Argument
272.2.1 Duty Of Court To Advise Counsel Before Summation/Closing Argument As To Which Instructions Will Be Given
272.2.2 Right To Readback Summation/Closing Argument When New Instructional Theory Presented After Argument
272.2.3 Modification Of Written Instructions In Light Of Closing Argument
272.3 Summation/Closing Argument: Use Of Argument To Explain The Law Or Instructions
272.3.1 Summation/Closing Argument Of Counsel: Discussion Of The Law
272.3.2 Reading Case Law During Argument As Alternative To Refused Instruction
272.3.3 Jury May Consider Summation/Closing Argument Of Counsel As To Meaning Of Instructions If Not Inconsistent With The Judge’s Instructions
272.3.4 Is Summation/Closing Argument That Jury Should Utilize Common Dictionary Meaning Of A Term
272.3.5 Admonition Regarding Improper Summation/Closing Argument on Term Contained In Instructions But Not Defined
272.3.6 Reference To Outside Sources During Summation/Closing Argument
272.3.7 Counsel Should Not Be Permitted To Argue Differing Views Of The Law
272.3.8 Importance Of Objecting To Prosecutor Misstatement Of Legal Principles
272.4 Prosecutor Misconduct During Summation/Closing Argument
272.4.1 Varieties Of Prosecutor Misconduct During Summation/Closing Argument
272.4.2 Prosecutor Misconduct During Summation/Closing Argument: Improper Emotional Appeals
272.4.3 Prosecutor Misconduct During Summation/Closing Argument: Reference To Inadmissible Evidence
272.4.4 Prosecutor Misconduct Summation/Closing Argument: Reference To Facts That Are Never Proven
272.4.5 Prosecutor Misconduct: Improper Vouching For Witness
272.4.6 Defense Counsel's Comments May Open The Door To Inflammatory Prosecutorial Comments During Summation/Closing Argument
272.4.7 Prosecutor Misconduct During Summation/Closing Argument: Delivering Soliloquy In Victim's Voice
272.4.8 Prosecutor Misconduct During Summation/Closing Argument: Invoking Religious Authority
272.4.9 Prosecutor Misconduct: Improper To Imply That Juror Oath Requires Conviction
272.4.10 Prosecutor Misconduct: Comment On 5th Amendment Right To Remain Silent - Whether Prosecutorial Intent Is Required
272.4.10.1 Violation Of Fifth Amendment: Implied Comment Improper
272.4.11 Prosecutorial Misconduct: Re-Enactment Of Crime During Closing Argument Using Complaining Witness
272.4.12 Prosecutor Misconduct: Asking Jury To Make Inferences Known To Be False
272.4.13 Prosecutorial Misconduct: Suggesting That Defense Expert's Opinion Is Tainted Because Witness Received A Fee
272.4.14 Prosecutorial Misconduct: Telling Jury That Defendant Lied
272.4.15 Double Jeopardy: Mistrial Resulting From Prosecutorial Misconduct Intended To Thwart An Acquittal
272.4.16 Prosecution Misconduct: Misstatements Or Law Or Fact
272.5 Summation/Closing Argument: Prosecutor Misconduct -- Curative Instructions
272.5.1 Admonition To Counteract Prosecutor Misconduct During Summation/Closing Argument
272.5.2 Prosecutor Misconduct During Summation/Closing Argument: Curative Instruction
272.5.3 Duty Of Court to Reprimand Prosecutor For Misconduct Summation/Closing Argument
272.5.4 Inability Of Limiting Instruction To Cure Highly Prejudicial Misconduct During Summation/Closing Argument
272.5.5 Circumstances Where Cautionary And Limiting Instructions May Be Effective
272.6 Summation/Closing Argument: Use Of Graphics And Enlargements
272.6.1 Preparing Enlargements (Blow-Ups) Of Instructions For Use During Summation/Closing Argument
272.6.2 Computer Generated Graphics In Summation/Closing Argument: Cautionary Instruction
Chapter 273: Jury Unanimity As To The Act Or Offense Committed (Duplicity)
273.1 Jury Unanimity: Miscellaneous Issues And Instructions
273.1.1 Jury Unanimity: Sample Instructions
273.1.2 Motion For Unanimity Instruction And Special Findings
273.1.3 Special Instructions Relating Jury Unanimity To Burden Of Proof Beyond A Reasonable Doubt
273.1.4 Jury Unanimity: Harmless Error Analysis Where Jury Findings Were Functional Equivalent To Unanimity
273.1.5 Jury Unanimity: Federal Model Instructions And Notes
273.2 Legal Authority For Requirement Of Jury Unanimity As To Which Act Constitutes The Charged Offense
273.2.1 General Introduction To Jury Unanimity Doctrine
273.2.2 Authority For Right To Jury Unanimity: Due Process Clause Of The Federal Constitution
273.2.3 Authority For Right To Jury Unanimity: Federal Constitutional Right To Trial By Jury
273.3 Jury Unanimity Required By 6th Amendment When More Than Two Acts Are Shown
273.3.1 Jury Unanimity Required By 6th Amendment When More Than Two Acts Are Shown
273.4 State Constitutions
273.4.1 State Constitutional Authority For Jury Unanimity
273.5 Authority For Right To Jury Unanimity: Common Law (State And Federal)
273.5.1 Jury Unanimity: Federal Common Law
273.5.2 Jury Unanimity: State Common Law
273.6 When Is Jury Unanimity Instruction Required
273.6.1 Jury Unanimity: Different Statutory Offenses Charged In Single Count
273.6.2 Jury Unanimity: Multiple Incidents, Factual Scenarios Or Discrete Acts Which Could Sustain The Charge
273.6.3 Jury Unanimity: Alternative Elements Asserted For Single Offense
273.6.4 Jury Unanimity: Multiple Victims
273.6.5 Jury Unanimity: Different Defenses
273.6.6 Jury Unanimity: Importance Of Identifying Sources Of Juror Disagreement Or Consensus
273.6.7 Wording Of Unanimity Instruction Must Be Carefully Drafted To Include All Elements Of The Charge
273.7 When Is Jury Unanimity Instruction Not Required?
273.7.1 Jury Unanimity: Multiple Theories (Alternative Means Of Commission)
273.7.1.1 Jury Unanimity: Multiple Theories (Alternative Means Of Commission) -- General Principles
273.7.1.2 Jury Unanimity: Multiple Theories: Legislative Intent
273.7.1.3 Appellate Impact Of Failure To Require Jury Unanimity As To Different Theories
273.7.1.4 Jury Unanimity: Direct Perpetrator vs. Accomplice Liability
273.7.1.5 Jury Unanimity: Overcoming The Different Theories Exception
273.7.2 Continuing Course Of Conduct Exception To Jury Unanimity Requirement
273.7.2.1 Continuing Course Of Conduct Exception To Jury Unanimity Requirement: General Principles
273.7.2.2 Jury Unanimity: Overcoming The Continuing Course Of Conduct Exception
273.7.2.3 Jury Unanimity: Continuous Conduct Exception Not Applicable Where Alleged Acts Are Subject To Different Defenses
273.7.2.4 Jury Unanimity: "Continuing Course Of Conduct: Exceptions May Violate Due Process
273.8 Jury Unanimity: Preliminary Or Foundational Facts
273.8.1 Jury Unanimity Required As To Essential Facts
273.8.2 Jury Unanimity: Jurors May Individually Accept Or Reject A Preliminary Fact
273.9 Jury Unanimity As To Predicate Acts Of Compound Offenses
273.9.1 Jury Unanimity Required As To Predicate Acts Which Are Elements
273.9.2 Unanimity Required As To Acts Which Raise Different Factual Issues, Or Defense, Or Carry Disparate Sentencing Consequences
273.9.3 Unanimity Required As To Timing Or Other Relationships Between Predicate Offenses Necessary For Compound Offense
273.10 Juror Unanimity: Specific Offenses
273.10.1 Assault And Battery
273.10.1.1 Jury Unanimity: Assault And Battery
273.10.2 Juror Unanimity: Attempt
273.10.2.1 Jury Unanimity: "Substantial Step" Element Of Attempt
273.10.3 Bribery
273.10.3.1 Jury Unanimity: Bribery
273.10.4 Jury Unanimity: Child Molestation -- Statute Proscribing Individual Acts
273.10.4.1 Jury Unanimity: Child Molestation And Sexual Abuse -- Statute Proscribing Individual Acts
273.10.4.2 Jury Unanimity: Child Molestation And Sexual Abuse -- Resident Child Molester Statute (Continuing Pattern Of Sexual Abuse)
273.10.4.3 Jury Unanimity: Child Molestation And Sexual Abuse -- Child Molestation -- Multiple Victims
273.10.5 Jury Unanimity: Conspiracy
273.10.5.1 Potential For Jury Unanimity Issues As To Conspiracy Charge
273.10.5.2 Jury Unanimity Not Required As Between Conspiracy And Other Theories Of Liability
273.10.5.3 Jury Unanimity As To Overt Acts
273.10.5.4 Jury Unanimity: That Overt Act Preceded The Crime Which Was The Object Of The Conspiracy
273.10.5.5 Jury Unanimity As To Multiple Object Conspiracies
273.10.5.6 Jury Unanimity As To Object Of Conspiracy When Relevant To Sentencing
273.10.5.7 No Jury Unanimity As To Members Of The Conspiracy
273.10.5.8 Jury Unanimity As To Predicate Acts To Conspiracy Charge
273.10.6 Drunk Driving And Vehicular Manslaughter
273.10.6.1 Jury Unanimity: Drunk Driving And Vehicular Manslaughter
273.10.7 Embezzlement
273.10.7.1 Jury Unanimity: Embezzlement
273.10.8 Fraud
273.10.8.1 Jury Unanimity: Fraud
273.10.9 Jury Unanimity: Homicide
273.10.9.1 Jury Unanimity As To Act Constituting Homicide
273.10.9.2 Jury Unanimity Among Different Theories Of Murder
273.10.9.3 Felony Murder: All Elements Of The Predicate Felony Must Be Proven Beyond A Reasonable Doubt
273.10.9.4 Felony Murder: Jury Unanimity Among Multiple Predicate Felonies
273.10.10 Jury Unanimity: Perjury
273.10.10.1 Perjury: Requirement Of Juror Unanimity As To At Least One False Statement
273.10.11 Jury Unanimity: Possession Offenses
273.10.11.1 Jury Unanimity: Multiple Units Of Contraband
273.10.11.2 Jury Unanimity: Multiple Acts Or Incidents Of Possession Of Illegal Drugs
273.10.11.3 Jury Unanimity: Alternative Varieties Of Contraband
273.10.11.4 Jury Unanimity: Firearm/Weapon Possession Offenses
273.10.12 Sentencing Enhancements
273.10.12.1 Jury Unanimity: Sentencing Enhancements
273.10.13 Sex Offenses
273.10.13.1 Jury Unanimity: Sex Offenses
273.10.14 Stalking
273.10.14.1 Jury Unanimity: Stalking
273.10.15 Terrorist Threats
273.10.15.1 Jury Unanimity: Terrorist Threats
273.10.16 Theft
273.10.16.1 Jury Unanimity: Theft
273.10.17 Torture
273.10.17.1 Jury Unanimity: Torture
273.11 Jury Unanimity: Use Of Special Verdict Forms
273.11.1 Special Verdict Forms: Multiple Acts
273.11.2 Special Verdict Forms: Multiple Penalties
273.11.3 Special Verdict Forms: Multiple Offenses
273.11.4 Verdict Forms As Substitute For Jury Unanimity Instruction
273.11.5 Special Jury Forms As To Duplicitous Theories (Alternative Means Of Commission)
273.12 Jury Unanimity: Appeal
273.12.1 Jury Unanimity: Cognizability On Appeal
273.12.1.1 Jury Unanimity: Appeal -- Whether Election Or Special Instruction Must Be Requested
273.12.1.2 Waiver Of Right To Jury Unanimity
273.12.1.3 Appellate Strategies For Overcoming Failure To Request Instruction
273.12.2 Jury Unanimity: Standard Of Prejudice On Appeal
273.12.2.1 Was There A Reasonable Factual Basis For Juror Disagreement As To Which Act Was Committed?
273.12.2.2 Sullivan v. Louisiana Requires Reversal Per Se
Chapter 274: Multiple Offenses: Propriety Of Instruction
274.1 Multiple Counts Or Offenses -- Miscellaneous Issues
274.1.1 Defenses: Multiple Counts Or Charges -- General Rules
274.1.2 Defense Theory That Series Of Wrongful Taking Acts Constitutes Only A Single Offense
274.1.3 Aggregation Of Multiple Misdemeanor Violations
274.1.4 Multiple Offenses: One Act One Crime Rule
274.1.5 Multiple Offenses: Specific Offense Preempts General Offense
274.1.6 Multiple Counts Or Offenses: Federal Circuit Model Instructions And Notes
274.2 Multiple Counts Or Offenses: Specific Offenses
274.2.1 Multiple Counts Or Charges: Multiple Entries Vis a Vis Burglary
274.2.2 Multiple Counts Or Charges: Solicitation To Commit Crime Against More Than One Person As Single Offense
274.2.3 Multiple Counts Or Charges: Receiving Stolen Property
274.2.4 Multiple Counts Or Charges: Forgery
274.2.5 Multiple Counts Or Charges: Sale And Transportation Of Controlled Substances
274.2.6 Multiple Counts Or Charges: Violation Of Child Custody Order
274.2.7 Multiple Counts Or Charges: Threatening Witnesses
274.2.8 Multiple Counts Or Charges: Multiple Attempts From Single Act
274.2.9 Multiple Kidnapping Charges Not Permissible For The Same Course Of Conduct
274.2.10 Multiple Counts Or Charges: Obstructing Justice/Resisting Arrest
274.2.11 Multiple Counts Or Charges: Multiple Conspiracies
274.2.12 Use Of Multiple Weapons In Single Crime
274.2.13 Lewd Act With Child: Multiple Convictions -- Defense Theory That The Acts Were Not Distinct, Completed Acts
274.2.14 Welfare Fraud: Only One Charge For All Aid Received From Single Act
274.3 Multiple Counts Or Offenses: Multiple Takings
274.3.1 Multiple Counts Or Offenses: Multiple Takings As Constituting Single Or Multiple Theft Or Robbery Offenses
274.3.2 Multiple Counts Or Offenses: Multiple Acts Of Theft Must Either Be Charged Separately Or Aggregated Into One Single Count
274.3.3 Multiple Counts Or Offenses: Single Taking Of Multiple Items Belonging To The Same Owner
274.3.4 Multiple Counts Or Offenses: Single Taking Of Multiple Items Belonging To Different Owners
274.3.5 Multiple Counts Or Offenses: Separate Takings Of Items Belonging To One Person
274.3.6 Bank Fraud (18 USC 1344): Whether A Continuing Offense
274.4 Multiple Counts Or Offenses: Multiple Possessions
274.4.1 Multiple Counts Or Offenses: Whether Multiple Possessions May Result In Multiple Convictions
274.4.2 Multiple Counts Or Offenses: Simultaneous Possession Of Two Different Substances
274.4.3 Multiple Counts Or Offenses: Possession Of Multiple Stolen Credit Cards May Be Charged As Separate Offenses
Chapter 275: Lesser Included Offenses: Deliberation And Verdict
275.1 Lesser Included Offenses: Deliberation And Verdict Miscellaneous Issues
275.1.1 Lesser Included Offenses: Definition Of Lesser Offense Should Focus On Distinction Between Greater And Lesser Offenses
275.1.2 Lesser Included Offenses: Not Intended To Relieve Jury Of Duty To Acquit If Evidence Is Insufficient
275.1.3 Lesser Included Offenses: Reference To “Lesser” Included Offense May Imply A Lesser Burden Of Proof
275.1.4 Not Guilty Verdict As To Greater Offenses Based On Self Defense Precludes Conviction Of Lesser Included Offense
275.1.5 Instruction On Lesser Included Offenses As To One Codefendant And Not The Other May Improperly Direct The Jury
275.1.6 Lesser Included Offenses: Improper For Counsel To Comment Upon Legal Issues Regarding Lesser Offenses
275.1.7 Instruction On Lesser Included Sentencing Enhancements
275.1.8 Mistrial On Greater Offense Requires Same Result On Lesser Included Offense
275.2 Partial Verdicts
275.2.1 Lesser Included Offenses: Partial Verdict
275.3 Lesser Included Offenses: Deliberation And Verdict: Order Of Deliberations
275.3.1 Order Of Deliberation May Influence Verdict
275.3.2 Order Of Deliberations: Should Consider Lesser Offense When At Least One Juror Has A Relationship Doubt As To Greater Offense
275.3.3 Order Of Deliberations: Requirement That Jury Consider Lesser Included Offenses
275.3.4 Order Of Deliberations: Murder -- First Decide Whether It Is Murder, Then Degree
275.3.5 Order Of Deliberations: Consideration Of Lesser Offense After Finding Defendant Not Guilty Of Greater Offense
275.3.6 Order Of Deliberations: Consideration Of Lesser Offense First When Different Degrees Are Charged
275.3.7 Order Of Deliberations: Jury Should Consider Substantive Offense First Before Considering Enhancement
275.4 Lesser Included Offenses: Deliberation And Verdict: The Acquittal First Rule
275.4.1 Constitutional Challenge To Acquittal First Rule
275.4.2 Alternatives To Acquittal First Instruction
275.4.3 Failure To Object To Acquittal First Instruction As Ineffective Assistance Of Counsel
275.4.4 Acquittal First Rule: Strategy Note
275.4.5 Acquittal First: Encouragement Of "False Unanimity" And "Coerced Verdicts"
275.4.6 Acquittal First: Unfair Advantage To Prosecution
275.4.7 Acquittal First: Undermining Of The Defense Theory
275.4.8 Acquittal First: Impairment Of Judicial Efficiency
275.4.9 Acquittal First: Undue Restriction Of Jury's Discretion
275.4.10 Mistrial On Greater Offense Requires Same Result On Lesser Included Offense
275.5 Reasonable Doubt As To Greater Offense Must Be Resolved In Favor Of Lesser
275.5.1 Doubt Whether Greater or Lesser Offense
275.5.2 Doubt As To Greater Offense Should Be Resolved In Favor Of Lesser
275.5.3 Application Of Reasonable Doubt Rule To Choice Between Special Allegations
275.5.4 Choice Between Firearm Use And Arming Allegations
Chapter 276: Deliberations: Conduct and Duty of the Jury
276.1 Deliberations: Miscellaneous Issues
276.1.1 Deliberations: Reference To Availability Of Written Instructions Should Be Made At The End Of The Instructions
276.1.2 Deliberations: Manner Of Recording Instruction Of No Significance
276.1.3 Deliberations: Explanation Of "Not Guilty" Verdict
276.1.4 Discovery Of Additional Evidence During Deliberations
276.1.5 Temporary Adjournment Of Deliberations As Denial Of Fair Trial
276.1.6 Deliberations: Challenge To "Juror Snitch" Instruction
276.1.7 Deliberations: Jury Must Not Consider Penalty Between Guilt And Penalty Phase Trials
276.2 Deliberations: Secrecy
276.2.1 Secrecy Of Deliberations: Jury Never Required To Explain Verdict To Anyone
276.2.2 Deliberations: Admonition Against Disclosure of Jury Balloting
276.2.3 Secrecy Of Deliberations: Videotaping Of Jury Deliberations
276.3 Deliberations: Materials In Jury room
276.3.1 Deliberations: Materials Into Juryroom--General Principles
276.3.2 Interpreter In Jury room
276.3.3 Deliberations: Materials In Juryroom--Jury Not To Refer To Dictionary Or Other Outside Sources
276.3.4 Jury's Request For Exhibits Or Materials Not Admitted Into Evidence
276.3.5 Jurors Request For Exhibits Which, For Practical Reasons, Cannot Be Sent Into The Juryroom
276.3.6 Jury's Request For Visual Aid Chart, Etc. Used During Argument Or Testimony But Not Admitted Into Evidence
276.3.7 Jury Use Of Materials Not Received In Evidence But Which May Be Helpful In Managing The Evidence
276.3.8 Materials In Juryroom: Sanitizing Juryroom And Reviewing Materials Before Sending Them To Jury
276.4 Replaying Recordings During Deliberations
276.4.1 Replaying Of Recordings During Deliberations: Cautionary Concerns
276.4.2 Recordings In Juryroom: No Undue Emphasis
276.4.3 Recordings: Replaying Should Be Done In Open Court
276.4.4 Video Recording: Consideration Of Facial Expressions, Etc. In Understanding What Was Said
276.4.5 View That Playback Of Recorded Evidence Should Not Be Permitted In The Juryroom During Deliberations
276.5 Jury Reliance On Common Sense
276.5.1 Limitation On Jury Use Of Common Sense
276.5.2 Limitation Of Common Experience Or Common Sense Where It May Contradict Expert Testimony
276.5.3 Juror Reliance On Common Sense: Improper As To Whether Conduct Was Unlawful
276.5.4 Jury Reliance On Matters Of Common Knowledge And Science
276.6 Juror Experimentation
276.6.1 Jury Not To Engage In Experimentation Or Research
276.7 Deliberation: Multiple Defendants
276.7.1 Multiple Defendants: Federal Circuit Model Instructions And Notes
276.7.2 Multiple Defendants: Separate Consideration Of Multiple Defendants
276.7.3 Separate Consideration For Each Defendant: Applicability To All Decisions And Findings
276.7.4 Separate Consideration For Each Defendant: Circumstances Where Instruction May Not Be Fully Applicable
276.7.5 Multiple Defendants: Elements of Charge Must Be Specified As to Each Defendant
276.7.6 Multiple Defendants: Verdict As To One Defendant Should Not "Influence" Verdict As To Other Defendant; Use Of Term "Control" Not Sufficient
276.7.7 Multiple Defendants: Mutually Inconsistent Defenses
276.8 Multiple Counts
276.8.1 Propriety Of Instruction On Multiple Counts Or Offenses Based On A Single Act Or Course Of Conduct (Multiplicity)
276.8.1 Propriety Of Instruction On Multiple Counts Or Offenses Based On A Single Act Or Course Of Conduct (Multiplicity)
276.8.2 Multiple Counts: Special Instructions
276.8.2.1 Separate Verdict On Each Count Required: Modification When One Count Is Relevant To Another
276.8.2.2 Multiple Counts: Inconsistent Verdicts
276.8.2.3 Alternate Counts: Partial Verdict
276.8.2.4 Multiple Counts: Evidence And Offenses Must Be Considered Separately
276.8.2.5 Conspiracy And Substantive Offense Should Be Considered Separately
276.9 Multiple Victims
276.9.1 Deliberation: Multiple Victims
276.10 Conspiracy And Substantive Offense Should Be Considered Separately
276.10.1 Conspiracy And Substantive Offense Should Be Considered Separately
Chapter 277: Deliberations: Foreperson
277.1 Deliberations: Foreperson Duties
277.2 Deliberations: Foreperson -- Selection By Judge
277.3 Deliberations: Foreperson's Vote Carries No Greater Weight Than Any Other Juror
277.4 Should Jurors Be Instructed Regarding The Jury Foreperson's Duties And The Extent Of The Foreperson's Authority?
277.5 Foreperson: Duty To Allow Input From Every Juror
277.6 Deliberations: Foreperson--Federal Circuit Model Instructions And Notes
Chapter 278: Duty Of Jury To Deliberate
278.1 Duty to Deliberate Before Returning Verdict
278.2 Duty To Deliberate: Jury Must Only Discuss Case When Entire Jury Is Together In The Juryroom
278.3 Duty To Deliberate: Informing Jury As To Possibility Of A Hung Jury
278.4 Jury's Duty Is To Decide If The Prosecution Has Met Its Burden, Not To Find Or Seek "The Truth"
278.5 Duty To Deliberate: Impropriety of Juror-On-Juror Coercion
278.6 Duty To Deliberate: Whether Jury May Think About The Case And Make Notes While Deliberations Are In Recess
278.7 Duty to Deliberate: Dismissal Of Juror For Failure To Deliberate
278.8 How Jurors Should Approach Their Task: Clarification Of Wording
278.9 Duty To Deliberate: Jury Should Take As Much Time As It Feels Is Necessary
278.10 Duty of Jury To Deliberate: Federal Circuit Model Instructions And Notes
Chapter 279: Jury Consideration Of Penalty, Punishment Or Consequences Of Verdict
279.1 Jury Must Not Consider Penalty, Punishment Or Sentence
279.2 Jury Not To Consider Penalty: Instruction May Increase The Risk That Penalty Will Be Considered
279.3 Consideration Of "Punishment": Prohibited Except To "Make You Careful"
279.4 Jury Not To Consider Penalty: Modification When Witness Testifies Pursuant To Bargain With Prosecution
279.5 Jury Not To Consider Consequences Of Verdict: Strategic Consideration
279.6 Instruction On Consequences Of Verdict Not Unconstitutional
279.7 Improper To Instruct Jury As To Relative Seriousness Of Greater And Lesser Offense
279.8 Improper to Use The Term "Lesser Offense"
279.9 Jury Not To Consider Penalty Or Punishment: Relevance Of Punishment To Entrapment
279.10 Voir Dire/Jury Not To Consider Penalty: Whether Jury Should Be Informed That Noncapital Murder Case Does Not Involve The Death Penalty
279.11 Jury Consideration Of Penalty, Punishment Or Consequences Of Verdict: Federal Circuit Model Instructions And Notes
279.12 Whether Jury Should Be Informed When The Prosecution Is Not Seeking The Death Penalty
Chapter 280: Jury Nullification
280.1 Juror's Power And Right To Nullify
280.2 Response To Juror Inquiry Regarding Nullification: Jury Should Not Be Misled Regarding Its Right To Nullify
280.3 Propriety Of Affirmative Anti-Nullification Instructions And/Or Sanctions In Response To Threatened Nullification
280.4 Jury Nullification: Strategy Note
280.5 Jury Nullification Issues And Sanctions Against "Offending Jurors"
280.6 Dismissal Of Nullifying Juror
280.7 Removal Of Dissenting (Holdout) Juror When Jury Is Deadlocked
Chapter 281: Jury Misconduct
281.1 Jury Misconduct Issues And Instructions
Chapter 282: Alternate Jurors
282.1 Alternate Jurors: Procedural Issues
282.1.1 Alternate Jurors: Instructional Issues
282.1.2 Substitution Of Alternate Jurors
282.1.3 Substitution Of Alternate Jurors During Deliberations: Federal Rule
282.1.4 Alternates Juror Procedures: Waiting To Inform Jury As To Identity Of Alternate Jurors Until Commencement Of Deliberations
282.1.5 Substitution Of Juror During Penalty Phase Of Capital Case
282.2 Alternate Jurors: Instructional Issues
282.2.1 Substitute Of Alternate Juror: Deliberations Must Start Over
282.2.2 Substitution Of Alternate Juror After Partial Verdict
282.2.3 Admonition To Alternate Jurors
282.2.4 Discharge Of Alternate: Admonition Against Discussing Case Or Revealing Opinion Before Return Of Verdict
282.2.5 Temporary Discharge Of Alternate: Continuing Admonition
282.3 Alternate Jurors: Presence During Deliberations
282.3.1 Alternate Jurors: Presence During Deliberations As Error
282.3.2 Presence Of Alternates During Deliberations: Personal Waiver Of Defendant
282.3.3 Alternate Jurors: Should Not Be Present For Proceedings In Response To Juror Inquiries During Deliberations
Chapter 283: Communication With Jury
283.1 Communication With Jury: Duty Of Court To Supervise Jury Deliberations
283.2 Communication Between Jury And Trial Judge: Procedure
283.3 Communication From Jury: Propriety Of Withholding From Parties And/Or From The Public Record
283.4 Communication Between Court Personnel And Jury
283.5 Any Juror May Communicate With The Court At Any Time
283.6 Communication With Jury: Communication Should Be In Writing But May Be From Individual Juror Rather Than Jury As A Whole
283.7 Jury Inquiry During Deliberation: Suspension Of Deliberations
283.8 Alternate Jurors Should Not Be Present For Proceedings In Response To Juror Inquiries During Deliberations
283.9 Informing The Jury Of The Right To Request A Readback Of Testimony
283.10 Jury's Right To Request Exhibits
283.11 Jury Request For Witnesses Or Evidence Not Presented At Trial
283.12 Explanatory Instruction As To Jury's Right To Written Instructions, Exhibits, Readback Of Testimony, Etc.
283.13 Juror Inquiry Form
283.14 Communication With Jury: Federal Circuit Model Instructions And Notes
Chapter 284: Readback Of Testimony
284.1 Procedural Issues
284.1.1 Readback Policy Should Be Decided Before Trial
284.1.2 Readback Of Testimony: Deciding Whether To Grant Readback Request
284.1.3 Blanket Preclusion of Readback Improper
284.1.4 Readback Of Testimony: Presence Of Judge
284.1.5 Readback: Should Be Conducted In Open Court And In The Presence Of Counsel And Defendant
284.1.6 Can Presence Of Defendant And Counsel At Readback Be Waived By Capital Defendant?
284.1.7 Readback Of Testimony: Initiated By Court Sua Sponte
284.1.8 Readback Request: Importance Of Reviewing Testimony Which Jury Did Not Request Before Complying
284.1.9 Jury's Request For Exhibits Or Materials Not Admitted Into Evidence
284.1.10 Court Should Not Read Back Testimony In Response To Jury Question
284.1.11 Readback of Testimony: Whether Jury Should Be Given Transcript
284.1.12 Readback: Where Readback Helps Some Codefendants And Harms Others (Multiple)
284.1.13 Summary Of Evidence In Lieu Of Readback
284.1.14 Readback Should Include Both Direct And Cross-Examination
284.1.15 Denial Of Readback Proper Where Testimony Taken Out Of Context Would Give Too Much Stress To A Particular Point
284.1.16 Readback: Replaying Of Video Or Audio Tapes
284.1.17 Replaying Of Video Tape As Prejudicial
284.1.18 Readback After Jury Announces Deadlock
284.1.19 Request For Transcript Should Be Considered Request For Readback
284.1.20 Prejudicial Impact Of Readback Denial
284.1.21 Readback Of Testimony: Federal Circuit Model Instructions And Notes
284.1.22 Whether Readback Is A Critical Stage Of The Trial
284.2 Instructional Issues
284.2.1 All Twelve Jurors Need Not Agree To Make Request For Readback Of Testimony
284.2.2 Readback Of Testimony: Necessity Of Cautionary Instruction To Avoid Undue Emphasis
284.2.3 Improper To Discourage Jurors From Requesting Readback Of Testimony Or To Mislead Them As To The Availability Of Readback
284.2.4 Readback: Arguments of Counsel
Chapter 285: Supplemental Instructions
285.1 Supplemental Instructions: Procedural Issues
285.1.1 Supplemental Instruction In Response To Jury Inquiry: Instruction Should Be Given Orally Rather Than By Written Response To Jury Inquiry
285.1.2 Giving Supplemental Instructions In Open Court: Strategic Consideration Of Whether Jury Should See Defendant And His Family Again
285.1.3 Counsel's Presence During Jury Inquiry: Strategic Considerations
285.1.4 Supplemental Instructions: Presence Of Counsel
285.1.5 Supplemental Instructions: Presence Of Counsel And Defendant
285.1.6 Record of Supplemental Instructions
285.1.7 Record of Supplemental Instruction Proceedings And Instructions Given To The Jury
285.1.8 Right To Additional Summation Or Argument To The Jury After Supplemental Instructions
285.1.9 Supplemental Instructions: Whether Deliberations Should Be Suspended
285.1.10 Supplemental Instructions: Federal Circuit Model Instructions And Notes
285.2 General Rules For Framing Supplemental Instructions
285.2.1 Supplemental Instructions: Special Care Needed
285.2.2 Response To Jury's Supplement Instruction Request Must Be Balanced
285.2.3 Admonition That Supplemental Instructions Have No Greater Weight Than Original Instructions
285.2.4 Supplemental Instruction Should Not Tell Jury The Order In Which To Consider Issues
285.2.5 Responding To Jury Inquiries In Capital Cases
285.3 Supplemental Instructions: Jury Inquiry And Instructional Issues
285.3.1 Jury Questions: Duty To Clarify Ambiguous Inquiry
285.3.2 Jury Inquiry: Duty To Eliminate Juror Confusion
285.3.3 Jury Inquiry: Readback Of Prior Instructions May Not Be Sufficient
285.3.4 Withdrawal Of Confusing Instruction In Response To Jury Inquiry
285.3.5 Supplemental Instructions: Must Be Given By The Judge
285.3.6 Supplemental Instruction: Use Of Hypotheticals
285.3.7 Juror Inquiry During Deliberations/Supplemental Instructions: Error To Read Back Testimony In Response To Juror Question About Evidence
285.3.8 Playback Of Tape Recorded Instruction In Response To Jury Inquiry
285.3.9 Judge's Duty To Instruct Not Dependent On Jury's Confusion
285.3.10 Supplemental Instruction May Properly Expand Original Instructions
285.4 New or Different Instructions During Deliberations
285.4.1 Supplemental Instructions Inconsistent With Defendant's Theory Of The Case
285.4.2 Supplemental Instructions: New Charges Or Theories
285.4.4 Correct Regular Instruction Does Not Cure Improper Supplemental Instruction
285.4.3 Right To Reopen Argument If Supplemental Instruction Covers New Subject
285.5 Supplemental Instructions: Appeal
285.5.1 Appellate Review Of Supplemental Instructions: Requirement Of Request And/Or Objection Below
285.5.2 Supplemental Instructions During Deliberations Do Not Cure Error In Original Instructions
285.5.3 Correct Regular Instruction Does Not Cure Improper Supplemental Instruction
285.5.4 Whether Informal Mid-Deliberation Exchange Between Judge And Juror Counts As Jury Instruction
Chapter 286: Deadlock
286.1 General Rules And Miscellaneous Issues
286.1.1 Deadlock: General Rules
286.1.2 Advice As To Consequences Of Deadlock
286.1.3 New Instructions At The Time Of The Deadlock Heighten The Coerciveness
286.1.4 Removal Of Dissenting (Holdout) Juror When Jury Is Deadlocked
286.1.5 Instruction On Lesser Included Offense In Response To Jury Deadlock
286.1.6 Deadlock: Offer To Readback Testimony In Response To Juror Deadlock As Improperly Coercive
286.1.7 Judge's Post-Deadlock Comment On The Evidence May Coerce Verdict
286.1.8 Acquittal First Instruction When Jury Announces Deadlock Is Impermissibly Coercive
286.1.9 Deadlock: Failure Of Jury To Agree Upon Entrapment
286.1.10 Deadlock: Making Record As To Indicia Of Coercion Which Will Not Appear In The Record
286.1.11 Deadlock: Suggestion Of Instructional Modification By Counsel May Waive Issues On Appeal
286.1.12 Deadlock: Inquiry Into Numerical Division of Jury May Coerce Verdict
286.1.13 Deadlock: No Repetition Of Allen Instruction
286.1.14 Deadlock: Federal Circuit Model Instructions And Notes
286.1.15 Deadlock Instructions: Factors To Consider
286.1.16 Deadlock Instructions: Whether Right To Unanimous Verdict May Be Waived
286.2 Deadlock: Elements Of Proper Instructions
286.2.1 Deadlock: Jurors Must Be Reminded Not To Surrender Conscientiously Held Beliefs
286.2.2 Deadlock: Both Minority And Majority Must Be Encouraged To Consider The Other's View
286.2.3 Deadlock: Instructions Should Inform Jury That A Verdict Need Not Be Reached
286.2.4 Deadlock: Juror Should Not Change Mind Just To Reach Verdict
286.2.5 Deadlock: Jury May Take All The Time It Needs
286.2.6 Deadlock: Improper To Give Jury Time Limit For Deliberations
286.2.7 Deadlock: Supplemental Instruction Should Inform Jurors That Doubt As To Any Element Should Be Resolved In Favor Of Defendant
286.2.8 Deadlock: Supplemental Charge Should Remind Jurors Of Burden Of Proof
286.2.9 Deadlock: No Requirement That Jury Reach Agreement
286.2.10 Summary Of Proper Deadlock Instruction Elements
286.3 Deadlock: Improper Language
286.3.1 Deadlock: Improper To Instruct Jury That The Case Must Be Decided Or Disposed Of At Some Time By Some Jury
286.3.2 Deadlock: Instruction Should Not Stress The Expense and Difficulties Involved In Retrial
286.3.3 Deadlock: Improper To State That The Case Must Be Decided At Some Time By Some Jury
286.3.4 Improper To Inform Jury That Juror Deadlock Will Delay The Trial Of Other Cases And Add To The Court's Backlog
286.3.5 Deadlock Instruction Should Not Inform Jury That It Is Their Duty To "Seek The Truth"
286.3.6 Deadlock: Improper To Inform Jury That There Is No Reason To Believe A Better Jury Or Clearer Evidence Would Occur At A New Trial
286.3.7 Deadlock: Improper To Refer To Minority Jurors As "Holdouts"
Chapter 287: Verdict
287.1 Special Verdicts
287.1.1 Special Verdicts: General Rule
287.1.2 Coercive Impact Of Special Verdicts
287.1.3 Exceptions To General Rule Against Special Verdicts
287.1.4 Timing Of Request For Special Verdicts
287.1.5 Special Verdict Language: Proposed Form
287.1.6 Special Verdicts: Role Of Special Verdict In Evaluating Error On Appeal As To One Of Multiple Theories
287.1.7 Special Verdicts To Meet Defendant's Burden As To Erroneous Instruction On Factually Insufficient Theory
287.1.8 Special Verdicts Regarding Predicate Act: Submission After Jury Returns General Verdict To Convict
287.1.9 Special Verdict Forms: Multiple Acts
287.1.10 Special Verdict Forms: Multiple Offenses
287.1.11 Special Verdict Forms As Substitute For Jury Unanimity Instruction
287.1.12 Special Jury Forms As To Duplicitous Theories (Alternative Means Of Commission
287.1.13 Special Verdict As Improper Directed Verdict In Violation Of Due Process
287.1.14 Special Verdict As Improper Extraneous Influence On The Jury
287.2 Special Verdicts: Sentencing Allegations And Enhancements
287.2.1 Whether Jury Must Find That Elements Of Sentencing Enhancement Have Been Proven Beyond A Reasonable Doubt
287.2.2 Jury Should Consider Substantive Offense First Before Considering Enhancement
287.2.3 Separate Consideration For Each Defendant: Applicability To All Decisions And Findings
287.2.4 Special Verdict Forms: Multiple Penalties
287.3 Verdict And Verdict Forms
287.3.1 Verdict: Requirement That Verdict Be Clear And Certain
287.3.2 Verdict Form: Requiring All Jurors Sign Verdict Form
287.3.3 Verdict Forms: May Not State Principles Contrary To The Instructions
287.3.4 Verdict Forms: Alternative Counts
287.4 Partial Verdict
287.4.1 Propriety Of Partial Verdict Instruction As To Lesser Offenses
287.4.2 When Should A Partial Verdict Instruction Be Given?
287.4.3 Propriety Of Partial Verdict Instruction: Multiple Defendants
287.4.4 Partial Verdict: Dismissal Of Greater Offense In Response To Deadlock
287.4.5 CAVEAT: Partial Verdict On Lesser Charge May Result In All-Or-Nothing Retrial On The Greater Charge
287.5 Jury Poll
287.5.1 Right To Polling Of Jury Following Verdict
287.5.2 Return To Deliberations After Polling
287.5.3 Defendant Must Be Given Reasonable Opportunity To Request A Jury Poll
287.5.4 Jury Poll: Presence Of Counsel And Defendant
287.5.5 Jury Poll: Informing Jurors That They May Change Their Vote When Polled But Not After
287.5.6 Jury Poll: Judge's Discretion
287.5.7 Jury Poll: Duty Of Court To Interrogate Juror Whose Answer Is Ambiguous Or Ambivalent
287.5.8 Questionable Unanimity After Polling: Instruction Returning Jury To Juryroom
287.5.9 Polling Of Jury Should Stop Immediately When Any Juror Disagrees With The Verdict
287.5.10 Jury Poll: Must Be More Than "Mere Chorusing" Of What Was Already Announced
287.5.11 Jury Poll: Sealed Verdict Is Invalidated If Juror Dissents When Verdict Is Returned
Chapter 288: Post-Verdict Issues And Instructions
288.1 Judge Must Not Commend Or Criticize Jurors For Their Verdict
288.2 Juror Statements Regarding Failure To Follow Instructions Should Not Be Excluded Under Domestic Rules Of Evidence
288.3 Post-Verdict Communications With Jurors Should Not Be Prohibited Without A Showing Of Good Cause
288.4 Defendant Should Be Permitted To Prove Juror Agreement To Disregard An Instruction
Chapter 289: Impact Of Mistrial
289.1 Impact Of Mistrial
289.2 Double Jeopardy: Death Penalty – Inapplicable To Life Sentence Imposed As A Matter Of Law After Hung Jury
289.3 Double Jeopardy: Mistrial Resulting From Prosecutorial Misconduct Intended To Thwart An Acquittal
Chapter 290-294: [Reserved] |
