Example Jury Instructions

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Introduction

The following contains quotations of instructions that were endorsed or considered by appellate courts as being sufficient under certain circumstances. There are also outlines that enumerate types of instructions.

There are four types of instructions: 1) selection instructions 2) introductory/preliminary 3) mid-trial instructions and 4) final

Introduction and Selection Process Instructions For Jury Panels

Instructions

NJI Model Jury Instructions, 1.1:

[1] Members of the jury panel, the clerk (or registrar) has just read out the charge. (NOA) has pleaded not guilty.

[2] The lawyers estimate that the trial will take (specify) to complete. This is only an estimate. The trial could actually take more or less time than the lawyers estimate.

[3A] We will now choose (12, 13 or 14) of you as jurors, whose duty will be to consider the evidence and in the end decide whether (NOA) is guilty or not guilty. (We will also choose (one/two) alternate juror(s) in case one or more of the original twelve is unable to act when the trial starts

[3B] A jury trial normally begins with twelve jurors. However, in certain cases, the trial may begin with thirteen or fourteen jurors. Given the anticipated length of the trial, I have decided that it is in the interest of justice to select thirteen/fourteen jurors in this case. This is to ensure that a complete jury is available to deliberate.

All jurors chosen will have the duty to watch and listen to all of the proceedings.

You should be aware, however, that the law allows only twelve to deliberate, and therefore I will have to reduce the jury to twelve before deliberation by drawing numbers at random. The remaining twelve jurors will have the duty to decide whether (NOA) is guilty or not guilty.

(Last revised June 2012)
[annotation(s) added]

– NJI

For more details on the exact number of jurors selected, see s. 631(2.2).

Familiarity with Participants

An instruction that explains how to assess whether the potential juror may be disqualified for familiarity with persons in the trial should include:

Proof Beyond a Reasonable Doubt

It must be explained that:

• "the standard of proof beyond a reasonable doubt is inextricably intertwined with that principle fundamental to all criminal trials, the presumption of innocence;"
• "the burden of proof rests on the prosecution throughout the trial and never shifts to the accused;"
• "a reasonable doubt is not a doubt based upon sympathy or prejudice;"
• "rather, it is based upon reason and common sense;"
• "it is logically connected to the evidence or absence of evidence;"
• "it does not involve proof to an absolute certainty; it is not proof beyond any doubt nor is it an imaginary or frivolous doubt;" and
• "more is required than proof that the accused is probably guilty ‑‑ a jury which concludes only that the accused is probably guilty must acquit."

Evidence

Admissions

• "An admission stands in the place of and renders unnecessary testimony or exhibits to prove what has been admitted. Jurors are to take what is admitted as proven fact and consider the facts admitted, along with the rest of the evidence in deciding the case."

Selection

Challenge for Cause

Race

• "Thinking about your own beliefs, would your ability to judge the evidence in this case without bias, prejudice or partiality, be affected by the fact that [accused] is black?"

Offences

Murder

• On the issue of intent, the Judge must instruct the jury to "consider all of the evidence" when deciding the issue of intent.
• Inferences on intent "inference that may be rebutted by evidence of intoxication".

See Also

• Model Jury Instructions - National Judicilda Institute