Free Proposed Jury Instructions - District Court of California - California

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

Ladies and gentlemen: You now are the jury in this case, and I want to take a few minutes to tell you something about your duties as jurors and to give you some instructions. At the end of the trial I will give you more detailed instructions. Those instructions will control your deliberations. It will be your duty to decide from the evidence what the facts are. You, and you alone, are the judges of the facts. You will hear the evidence, decide what the facts are, and then apply those facts to the law which I will give you. That is how you will reach your verdict. In doing so you must follow that law whether you agree with it or not. The evidence will consist of the testimony of witnesses, documents, and other things received into evidence as exhibits and any facts on which the lawyers agree or which I may instruct you to accept. You should not take anything I may say or do during the trial as indicating what I think of the evidence or what your verdict should be.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 1.1 [2006 Edition - West Publishing Co.] [Duty of Jury]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

Proof beyond a reasonable doubt is proof that leaves you firmly convinced that the defendant is guilty. It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence. If after a careful and impartial consideration of all the evidence, you are not convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant not guilty. On the other hand, if after a careful and impartial consideration of all the evidence, you are convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant guilty.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.5 [2006 Edition - West Publishing Co.] [Reasonable Doubt-Defined]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

The defendant has testified. You should treat this testimony just as you would the 5 testimony of any other witness. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Defendant's Decision to Testify]
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Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.4 [2006 Edition - West Publishing Co.]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

The evidence from which you are to decide what the facts are consists of: 5 (1) the sworn testimony of any witness; 6 (2) the exhibits which have been received into evidence; and 7 (3) any facts to which all the lawyers have stipulated. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [What is Evidence]
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Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.6 [2006 Edition - West Publishing Co.]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

In reaching your verdict you may consider only the testimony and exhibits received into evidence. Certain things are not evidence and you may not consider them in deciding what the facts are. I will list them for you: 1. Arguments and statements by lawyers are not evidence. The lawyers are not

witnesses. What they have said in their opening statements, [will say in their] closing arguments and at other times is intended to help you interpret the evidence, but it is not evidence. If the facts as you remember them differ from the way the lawyers state them, your memory of them controls. 2. Questions and objections by lawyers are not evidence. Attorneys have a duty

to their clients to object when they believe a question is improper under the rules of evidence. You should not be influenced by the question, the objection, or the court's ruling on it. 3. Testimony that has been excluded or stricken, or that you have been instructed

to disregard, is not evidence and must not be considered. In addition some testimony and exhibits have been received only for a limited purpose; where I have given a limiting instruction, you must follow it. 4. Anything you may have seen or heard when the court was not in session is not

evidence. You are to decide the case solely on the evidence received at the trial.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.7 [2006 Edition - West Publishing Co.] [What is Not Evidence]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony of an eyewitness. Circumstantial evidence is indirect evidence, that is, proof of a chain of facts from which you could find that another fact exists, even though it has not been proved directly. You are to consider both kinds of evidence. The law permits you to give equal weight to both, but it is for you to decide how much weight to give to any evidence.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.8 [2006 Edition - West Publishing Co.] [Direct and Circumstantial Evidence]
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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __ In deciding the facts in this case, you may have to decide which testimony to believe

4 and which testimony not to believe. You may believe everything a witness says, or part of 5 it, or none of it. 6 In considering the testimony of any witness, you may take into account: 7 1. 8 testified to; 9 2. 10 3. 11 4. 12 5. 13 6. 14 7. 15 The weight of the evidence as to a fact does not necessarily depend on the number of 16 witnesses who testify. 17 18 19 20 21 22 23 24 25 26 27 28 Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.9 [2006 Edition - West Publishing Co.] [Credibility of Witnesses] any other factors that bear on believability. the reasonableness of the witness's testimony in light of all the evidence; and whether other evidence contradicted the witness's testimony; the witness's interest in the outcome of the case and any bias or prejudice; the witness's manner while testifying; the witness's memory; the opportunity and ability of the witness to see or hear or know the things

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

The evidence you are to consider is only that provided through the official court interpreters. Although some of you may know the non-English language used, it is important that all jurors consider the same evidence. Therefore, you must base your decision on the evidence presented in the English interpretation. You must disregard any different meaning of the non-English words.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.20 [2006 Edition - West Publishing Co.] [Jury to be Guided by Official English Translation/Interpretation]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

You are here only to determine whether the defendant is guilty or not guilty of the charges in the indictment. Your determination must be made only from the evidence in the case. The defendant is not on trial for any conduct or offense not charged in the indictment. You should consider evidence about the acts, statements, and intentions of others, or evidence about other acts of the defendant, only as they relate to this charge against the defendant.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.10 [2006 Edition - West Publishing Co.] [Evidence of Other Acts of Defendant or Acts and Statements of Others]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

An act is done knowingly if the defendant is aware of the act and does not [act] [fail to act] through ignorance, mistake, or accident. The government is not required to prove that the defendant knew that his acts or omissions were unlawful. You may consider evidence of the defendant's words, acts, or omissions, along with all the other evidence, in deciding whether the defendant acted knowingly.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 5.6 [2006 Edition - West Publishing Co.]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

The defendant is charged in the Indictment with possession of Marijuana with intent to distribute in violation of Section 841(a)(1) of Title 21 of the United States Code. In order for the defendant to be found guilty of that charge, the Government must prove each of the following elements beyond a reasonable doubt: First, the defendant knowingly possessed Marijuana; and Second, the defendant possessed it with the intent to deliver it to another person. It does not matter whether the defendant knew that the substance was Marijuana. It is sufficient that the defendant knew that it was some kind of a prohibited drug. To "possess with intent to distribute" means to possess with intent to deliver or transfer possession of a controlled substance to another person, with or without any financial interest in the transaction. If you find the defendant guilty of the charge in Count 1 of the indictment, you are then to determine the net weight of marijuana. Your decision as to the net weight must be unanimous and must be beyond a reasonable doubt. The government does not have to prove that the defendant knew the exact quantity of marijuana.

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 9.13 [2006 Edition - West Publishing Co.]

[Controlled Substance ­ Possession With Intent to Distribute]

A person has possession of something if the person knows of its presence and has physical control of it, or knows of its presence and has the power and intention to control it.

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 3.18 [2006 Edition - West Publishing Co.] [Possession-Defined]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

The intent of a person or the knowledge that a person possesses at any given time may not ordinarily be proved directly because there is no way of directly scrutinizing the workings of the human mind. In determining the issue of what a person knew or what a person intended at a particular time, you may consider any statements made or acts by that person and all other facts and circumstances received in evidence which may aid in your determination of that person's knowledge or intent. You may infer, but you are certainly not required to infer, that a person intends the natural and probable consequences of acts knowingly done or knowingly omitted. It is entirely up to you, however, to decide what facts to find from the evidence received during this trial.

Devitt, Blackmar, Wolff & O'Malley, Federal Jury Practice and Instructions, § 17.07 (4th Ed. 1992) [Proof of Knowledge or Intent]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

The indictment charges that the offense alleged was committed "on or about" a certain

Although it is necessary for the Government to prove beyond a reasonable doubt that the offense was committed on a date reasonably near the date alleged in the indictment, it is not necessary for the Government to prove that the offense was committed precisely on the date charged.

Devitt, Blackmar, Wolff & O'Malley, Federal Jury Practice and Instructions, § 13.05 (4th Edition 1992) ["On or About" ­ Explained]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

You have heard testimony that the defendant made a statement. It is for you to decide (1) whether the defendant made the statement, and (2) if so, how much weight to give to it. In making those decisions, you should consider all of the evidence about the statement, including the circumstances under which the defendant may have made it.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 4.1 [2006 Edition - West Publishing Co.] [Statements by Defendant]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

You have heard testimony from persons who, because of education or experience, are permitted to state opinions and the reasons for their opinions. Opinion testimony should be judged just like any other testimony. You may accept it or reject it, and give it as much weight as you think it deserves, considering the witness' education and experience, the reasons given for the opinion, and all the other evidence in the case.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 4.17 [2006 Edition - West Publishing Co.] [Opinion Evidence, Expert Witness]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

When you begin your deliberations, you should elect one member of the jury as your foreperson. That person will preside over the deliberations and speak for you here in court. You will then discuss the case with your fellow jurors to reach agreement if you can do so. Your verdict, whether guilty or not guilty, must be unanimous. Each of you must decide the case for yourself, but you should do so only after you have considered all the evidence, discussed it fully with the other jurors, and listened to the views of your fellow jurors. Do not be afraid to change your opinion if the discussion persuades you that you should. But do not come to a decision simply because other jurors think it is right. It is important that you attempt to reach a unanimous verdict but, of course, only if each of you can do so after having made your own conscientious decision. Do not change an honest belief about the weight and effect of the evidence simply to reach a verdict.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 7.1 [2006 Edition - West Publishing Co.] [Duty to Deliberate]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

Some of you have taken notes during the trial. Whether or not you took notes, you should rely on your own memory of what was said. Notes are only to assist your memory. You should not be overly influenced by the notes.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 7.3 [2006 Edition - West Publishing Co.] [Notes]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

Your verdict must be based solely on the evidence and on the law as I have given it to you in these instructions. However, nothing that I have said or done is intended to suggest what your verdict should be­that is entirely for you to decide.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 7.2 [2006 Edition - West Publishing Co.] [Consideration of Evidence]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

The punishment provided by law for this crime is for the court to decide. You may not consider punishment in deciding whether the Government has proved its case against the defendant beyond a reasonable doubt.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 7.4 [2006 Edition - West Publishing Co.] [Jury Consideration of Punishment]

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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __ A verdict form has been prepared for you. [Any explanation of the verdict form may be given at this time.] After you have reached unanimous agreement on a verdict, your foreperson will fill in the form that has been given to you, sign and date it and advise the bailiff that you are ready to return to the courtroom.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 7.5 [2006 Edition - West Publishing Co.] [Verdict Form]
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COURT'S INSTRUCTION NO. ___ GOVERNMENT'S PROPOSED INSTRUCTION NO. __

If it becomes necessary during your deliberations to communicate with me, you may send a note through [the baliff], signed by your foreperson or by one or more members of the jury. No member of the jury should ever attempt to communicate with me except by a signed writing, and I will respond to the jury concerning the case only in writing, or here in open court. If you send out a question, I will consult with the lawyers before answering it, which may take some time. You may continue your deliberations while waiting for the answer to any question. Remember that you are not to tell anyone--including me--how the jury stands, numerically or otherwise, on the question of the guilty of the defendant, until after you have reached a unanimous verdict or have been discharged.

Committee on Model Criminal Jury Instructions - Ninth Circuit, Manual of Model Jury Instructions for the Ninth Circuit, § 7.6 [2006 Edition - West Publishing Co.][Modified] [Communication with the Court]
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