NCJ Number
9120
Journal
UMKC Law Review Volume: 40 Issue: 2 Dated: (WINTER 1971-72) Pages: 228-239
Date Published
1972
Length
12 pages
Annotation
PROBLEMS CAUSED BY LACK OF JURY UNDERSTANDING OF MISSOURI APPROVED JURY INSTRUCTIONS.
Abstract
THIS IS A CRITIQUE OF A RECENT MISSOURI SUPREME COURT CASE WHICH PROHIBITS A TRIAL JUDGE FROM AMENDING PATTERN INSTRUCTIONS WHEN A CONFUSED JURY RETURNS AND ASKS FOR CLARIFICATION. THE MISSOURI SUPREME COURT DECIDED THAT THE TRIAL JUDGE SHOULD DIRECT THE JURY TO GO BACK AND READ THE PATTERN INSTRUCTIONS AGAIN. IT IS ARGUED THAT THE HANDS OF THE JUDGE ARE THEREBY TIED AND THAT HE CANNOT DEAL EFFECTIVELY WITH JURY CONFUSION. IT IS ARGUED FURTHER THAT A CONFUSED JURY CANNOT BE EXPECTED TO RETURN A JUST VERDICT.