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PATTERN JURY INSTRUCTIONS

NCJ Number
15884
Author(s)
J ALFINI
Date Published
1972
Length
55 pages
Annotation
STANDARDIZED INSTRUCTIONS DESIGNED TO PROVIDE ERROR-FREE MODELS OF CHARGES WHICH EXPLAIN THE LAW OF THE JURISDICTION IN CONCISE, IMPARTIAL TERMS INTELLIGIBLE TO THE AVERAGE JUROR.
Abstract
THE RATIONALE BEHIND THE USE OF PATTERN JURY INSTRUCTIONS IS THAT THEY LIGHTEN THE BURDEN ON THE COURT AND REDUCE THE TIME OF TRIAL, REDUCE THE RATE OF APPEAL AND OF REVERSAL ON APPEAL, AND LEAD TO UNIFORM TREATMENT OF SIMILAR CASES. STANDARDIZED INSTRUCTIONS ALSO INCREASE THE LIKELIHOOD OF JUROR COMPREHENSION OF THE APPLICABLE LAW. EXAMINED IN THIS REPORT IS THE ISSUE OF WHETHER JUDGES SHOULD BE REQUIRED TO QUOTE INSTRUCTIONS VERBATIM OR ENCOURAGED TO USE INSTRUCTIONS AS GUIDELINES. THE VARIOUS APPROACHES TAKEN BY SEVERAL JURISDICTIONS IN THEIR ATTEMPT TO SET STANDARDS FOR THE USE OF PATTERN INSTRUCTIONS ARE COMPARED AND THE POSSIBLE DETRIMENTAL EFFECTS OF MANDATORY USE IN SOME STATES ARE CONSIDERED. THE APPENDIX CONTAINS DATA ON THE USE OF PATTERN JURY INSTRUCTIONS BY STATE. A BIBLIOGRAPHY OF PUBLISHED JURY INSTRUCTIONS AND COMMENTARIES IS ALSO INCLUDED.

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