NCJ Number
26533
Date Published
1975
Length
473 pages
Annotation
JURY INSTRUCTIONS AND ACCOMPANYING COMMENTS COVERING GENERAL ITEMS, SPECIFIC OFFENSES, AND DEFENSES FREQUENTLY RAISED IN CRIMINAL CASES.
Abstract
ONE OF THE CONSEQUENCES OF THE RISING FLOOD OF CRIMINAL CASES NOW ENGULFING OUR COURTS IS THAT THE DEMANDS ON THE TIME AND LABOR OF BOTH THE BENCH AND THE BAR TO PREPARE CLEAR AND UNDERSTANDABLE INSTRUCTIONS FOR LAY JURORS HAS BECOME SO GREAT THAT THE EFFORT IS ALL TOO FREQUENTLY ABANDONED. THIS BOOK WILL SERVE THE LAWYER AS A TOOL IN PREPARING SUGGESTED INSTRUCTIONS THAT WILL EFFECTIVELY ADVOCATE HIS CLIENT'S CAUSE. IT WILL ALSO AID THE TRIAL JUDGE IN CARRYING OUT HIS RESPONSIBILITY TO CLEARLY ADVISE THE JURY OF THE APPLICABLE LAW. MORE THAN 120 INDIVIDUAL INSTRUCTIONS AND ACCOMPANYING COMMENT SECTIONS ARE PRESENTED, ORGANIZED INTO THREE CATEGORIES. CHAPTERS 1-3 ARE GENERAL INSTRUCTIONS, APPLICABLE TO ALL CRIMINAL CASES, CONSISTING OF GENERAL INTRODUCTORY INSTRUCTIONS, THOSE ON THE EVALUATION OF TESTIMONY AND OTHER EVIDENCE, AND INSTRUCTIONS ON FREQUENTLY USED MENS REA TERMS. CHAPTER 4 CONSISTS OF THE OFFENSE INSTRUCTIONS. THE INCHOATE OFFENSES, SUCH AS ATTEMPT AND CONSPIRACY, ARE PRESENTED FIRST. NEXT, CRIMES ARE GROUPED BY TYPE OF SOCIAL HARM OR OFFENSE CATEGORIES FOR THE MAJOR TYPES OF CRIMES, E.G., ASSAULT, HOMICIDE, SEX OFFENSES, AND WEAPONS OFFENSES. FINALLY, OTHER OFFENSES APPEAR IN ALPHABETICAL ORDER. CHAPTER 5 PRESENTS THE THIRD CATEGORY OF INSTRUCTIONS, THE DEFENSES THAT ARE AMONG THOSE MOST FREQUENTLY RAISED IN CRIMINAL CASES. THE COMMENT SECTIONS SHOULD ENCOURAGE AND FACILITATE THE TASK OF MODIFYING OR ADAPTING THE INSTRUCTIONS TO THE FACTS OF THE INDIVIDUAL CASE. THESE MATERIALS WILL BE OF MAXIMUM VALUE AS A BASIS FOR INSTRUCTING A JURY WHEN USED AS A GUIDE TO WHAT LEGAL PRINCIPLES SHOULD BE PROPOUNDED, AN AID IN DRAFTMANSHIP, AND A SOURCE TO FACILITATE FURTHER LEGAL RESEARCH. ALTHOUGH THIS DOCUMENT CONCERNS ITSELF SPECIFICALLY WITH MARYLAND, IT WILL SERVE AS A USEFUL GUIDE TO OTHER JURISDICTIONS ATTEMPTING TO STANDARDIZE AND PUBLISH JURY INSTRUCTIONS. (SNI ABSTRACT)