Saturday, May 30, 2009

Federal Model Jury Instructions

Pattern Crim. Jury Instr. 1st Cir. 3.01 (1998)
Federal Jury Practice And Instructions

Pattern Jury Instructions: First Circuit, Criminal Cases
Committee on Pattern Criminal Jury Instructions - First Circuit

3. Final Instructions: General Considerations

3.01 Duty of the Jury to Find Facts and Follow Law

It is your duty to find the facts from all the evidence admitted in this case. To those facts you must apply the law as I give it to you. The determination of the law is my duty as the presiding judge in this court. It is your duty to apply the law exactly as I give it to you, whether you agree with it or not. You must not be influenced by any personal likes or dislikes, prejudices or sympathy. That means that you must decide the case solely on the evidence before you and according to the law. You will recall that you took an oath promising to do so at the beginning of the case.

Pattern Crim. Jury Instr. 5th Cir. 1.04 (2001)
Federal Jury Practice And InstructionsPattern Jury Instructions: Fifth Circuit, Criminal Cases

Prepared by the Committee on Pattern Jury Instructions District Judges Association Fifth Circuit

General and Preliminary Instructions

1.04 Duty to Follow Instructions

You, as jurors, are the judges of the facts. But in determining what actually happened—that is, in reaching your decision as to the facts—it is your sworn duty to follow all of the rules of law as I explain them to you.

You have no right to disregard or give special attention to any one instruction, or to question the wisdom or correctness of any rule I may state to you. You must not substitute or follow your own notion or opinion as to what the law is or ought to be. It is your duty to apply the law as I explain it to you, regardless of the consequences.

It is also your duty to base your verdict solely upon the evidence, without prejudice or sympathy. That was the promise you made and the oath you took before being accepted by the parties as jurors, and they have the right to expect nothing less.

Pattern Crim. Jury Instr. 6th Cir. 1.02 (2008)
Federal Jury Practice And InstructionsPattern Criminal Jury Instructions: Sixth Circuit

Prepared by Committee on Pattern Criminal Jury Instructions District Judges Association Sixth Circuit

General Instructions

Chapter 1.00. General Principles

1.02 Jurors' Duties

(1) You have two main duties as jurors. The first one is to decide what the facts are from the evidence that you saw and heard here in court. Deciding what the facts are is your job, not mine, and nothing that I have said or done during this trial was meant to influence your decision about the facts in any way.

(2) Your second duty is to take the law that I give you, apply it to the facts, and decide if the government has proved the defendant guilty beyond a reasonable doubt. It is my job to instruct you about the law, and you are bound by the oath that you took at the beginning of the trial to follow the instructions that I give you, even if you personally disagree with them. This includes the instructions that I gave you before and during the trial, and these instructions. All the instructions are important, and you should consider them together as a whole.

[(3) The lawyers have talked about the law during their arguments. But if what they said is different from what I say, you must follow what I say. What I say about the law controls.]

(4) Perform these duties fairly. Do not let any bias, sympathy or prejudice that you may feel toward one side or the other influence your decision in any way.

Fed. Crim. Jury Instr. 7th Cir. 1.01 (1999)
Federal Jury Practice And InstructionsFederal Criminal Jury Instructions of the Seventh Circuit

Committee on Federal Criminal Jury Instructions of the Seventh Circuit

1. Functions of Court and Jury

1.01 The Functions of the Court and the Jury
Members of the jury, you have seen and heard all the evidence and the arguments of the attorneys. Now I will instruct you on the law.

You have two duties as a jury. Your first duty is to decide the facts from the evidence in the case. This is your job, and yours alone.

Your second duty is to apply the law that I give you to the facts. You must follow these instructions, even if you disagree with them. Each of the instructions is important, and you must follow all of them.

Perform these duties fairly and impartially. Do not allow sympathy, prejudice, fear, or public opinion to influence you. [You should not be influenced by any person's race, color, religion, national ancestry, or sex.]

Nothing I say now, and nothing I said or did during the trial, is meant to indicate any opinion on my part about what the facts are or about what your verdict should be.

Model Crim. Jury Instr. 8th Cir. 3.02 (2007)
Federal Jury Practice And Instructions

Manual of Model Criminal Jury Instructions for the District Courts of the Eighth Circuit
Prepared by Judicial Committee on Model Jury Instructions For the Eighth Circuit

3.00. Final Instructions For Use in Every Trial (Boilerplate)

3.02 Duty of Jury

It is your duty to find from the evidence what the facts are. You will then apply the law, as I give it to you, to those facts. You must follow my instructions on the law, even if you thought the law was different or should be different.

Do not allow sympathy or prejudice to influence you. The law demands of you a just verdict, unaffected by anything except the evidence, your common sense, and the law as I give it to you.

Model Crim. Jury Instr. 9th Cir. 3.1 (2003)
Federal Jury Practice And InstructionsCurrent through January 2007

Ninth Circuit Manual of Model Jury Instructions -- Criminal
Committee on Model Jury Instructions
Ninth Circuit
Instructions at End of Case

3.1 Duties of Jury to Find Facts and Follow Law

Members of the jury, now that you have heard all the evidence, it is my duty to instruct you on the law which applies to this case. A copy of these instructions will be available in the jury room for you to consult.

It is your duty to find the facts from all the evidence in the case. To those facts you will apply the law as I give it to you. You must follow the law as I give it to you whether you agree with it or not. And you must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. That means that you must decide the case solely on the evidence before you. You will recall that you took an oath promising to do so at the beginning of the case.

In following my instructions, you must follow all of them and not single out some and ignore others; they are all equally important. You must not read into these instructions or into anything the court may have said or done any suggestion as to what verdict you should return—that is a matter entirely up to you.

Pattern Crim. Jury Instr. 10th Cir. 1.04 (2006)
Federal Jury Practice And Instructions

Criminal Pattern Jury Instructions: Tenth Circuit
Prepared by the Criminal Pattern Jury Instruction Committee of the United States Court of Appeals for the Tenth Circuit

General Matters

1.04 Duty to Follow Instructions

You, as jurors, are the judges of the facts. But in determining what actually happened-that is, in reaching your decision as to the facts-it is your sworn duty to follow all of the rules of law as I explain them to you.

You have no right to disregard or give special attention to any one instruction, or to question the wisdom or correctness of any rule I may state to you. You must not substitute or follow your own notion or opinion as to what the law is or ought to be. It is your duty to apply the law as I explain it to you, regardless of the consequences.

However, you should not read into these instructions, or anything else I may have said or done, any suggestion as to what your verdict should be. That is entirely up to you.

It is also your duty to base your verdict solely upon the evidence, without prejudice or sympathy. That was the promise you made and the oath you took.

Pattern Crim. Jury Instr. 11th Cir. BI 2.1 (2003)
Federal Jury Practice And Instructions
Pattern Jury Instructions: Eleventh Circuit, Criminal Cases With Annotations and Comments

Prepared by Committee on Pattern Jury Instructions of the Judicial Council of the Eleventh Circuit

Basic Instructions

2.1 Duty to Follow Instructions—Presumption of Innocence

You must make your decision only on the basis of the testimony and other evidence presented here during the trial; and you must not be influenced in any way by either sympathy or prejudice for or against the Defendant or the Government …

Model Civ. Jury Instr. 8th Cir. 4.50A (2009)
Federal Jury Practice And Instructions

Database updated January 2009
Manual of Model Civil Jury Instructions for the District Courts of the Eighth Circuit
Prepared by the Committee on Model Civil Jury Instructions Within the Eighth Circuit

4. Prisoner/Pretrial Detainee Civil Rights Cases

4.50A Actual Damages — Prisoner Civil Rights

… [Remember, throughout your deliberations you must not engage in any speculations, guess, or conjecture and you must not award any damages under this Instruction by way of punishment or through sympathy.]

Pattern Civ. Jury Instr. 11th Cir. FI 1.2.1 (2005)
Federal Jury Practice And Instructions

Pattern Jury Instructions: Eleventh Circuit, Civil Cases
Prepared by the Committee on Pattern Jury Instructions District Judges Association of the Eleventh Circuit
Federal Claims Instructions

I. Adverse Employment Action Claims

1.2.1 Title VII—Civil Rights Act—Race And/Or Sex Discrimination—Discharge/Failure To Promote—Including “Same Decision” Defense

… You should be mindful that the law applicable to this case requires only that an employer not discriminate against an employee because of the employee's [race] [sex or gender]. So far as you are concerned in this case, an employer may [discharge] [fail to promote] an employee for any other reason, good or bad, fair or unfair, and you must not second guess that decision or permit any sympathy for the employee to lead you to substitute your own judgment for that of the Defendant even though you personally may not favor the action taken and would have acted differently under the circumstances. Neither does the law require an employer to extend any special or favorable treatment to employees because of their [race] [sex or gender] …

Pattern Civ. Jury Instr. 11th Cir. FI 1.3.1 (2005)
Federal Jury Practice And Instructions

Pattern Jury Instructions: Eleventh Circuit, Civil Cases
Prepared by the Committee on Pattern Jury Instructions District Judges Association of the Eleventh Circuit
Federal Claims Instructions

I. Adverse Employment Action Claims

1.3.1 Civil Rights Act—42 USC § 1981—Race Discrimination In Employment—Discharge/Failure To Promote

You should be mindful that the law applicable to this case requires only that an employer not discriminate against an employee [applicant] because of the employee's [applicant's] race. So far as you are concerned in this case, an employer may [deny employment] [discharge] [fail to promote] an employee [applicant] for any other reason, good or bad, fair or unfair, and you must not second guess that decision or permit any sympathy for the Plaintiff to lead you to substitute your own judgment for that of the Defendant even though you personally may not favor the action taken and would have acted differently under the circumstances. Neither does the law require an employer to extend any special or favorable treatment to employees [or applicants] because of their race …