Chapter 5 - § 5.6 • SAMPLE JURY INSTRUCTIONS
| Jurisdiction | Colorado |
§ 5.6.1—General Concluding Jury Instructions
A number of general jury instructions are appropriate in all criminal cases. Most of these instructions are found in the Colorado Jury Instructions - Criminal. Many judges give the instructions in a particular order in all cases, although there is no requirement of any particular order. Some of the instructions have alternate wording suggested in parentheses. A jury instruction checklist is located at Exhibit 5B.
Recently, several judges have put together a general closing instruction regarding the process of how a jury might want to conduct itself. A copy of this instruction appears in Exhibit 5A at the end of this chapter. Whether to give such an instruction is, at this point, strictly up to the trial judge. It would seem, in most DUI trials, that such an instruction really is not necessary.
INSTRUCTION NO. ___ (COLJI-Crim. E:01)...
Members of the jury, the evidence in this case has been completed. In a moment, I will read to you jury instructions that contain the rules of law you must apply to reach your verdict. You will have copies of what I read to take with you to the jury room. But first, I want to mention a few things you need to keep in mind when you are discussing this case in the jury room.
Until you have returned a verdict, you must not do any research about this case or this kind of case using any source, including dictionaries, reference materials, the internet or any other electronic means. You must not communicate in any way with anyone else about this case or this kind of case until you have returned a verdict in court. This includes your family and friends. If you have a cell phone or other electronic device, you must keep it turned off during jury deliberations.
[Note to court: Consider giving a more detailed admonishment like that in Instruction B:06 (admonition about conduct during trial). Also, consider having the jurors surrender their electronic devices during deliberations.]
It is my job to decide what rules of law apply to the case. While the attorneys may comment on some of these rules, you must follow the instructions I give you. Even if you disagree with or do not understand the reasons for some of the rules of law, you must follow them. No single instruction describes all the law which must be applied; the instructions must be considered together as a whole.
During the trial, you received all of the evidence that you may properly consider in deciding the case. Your decision must be made by applying the rules of law that I give you to the evidence presented at trial. Remember, you must not be influenced by sympathy, bias or prejudice in reaching your decision.
[You should not allow bias or any kind of prejudice based upon gender to influence your decision.]
If you decide that the prosecution has proved beyond a reasonable doubt that the defendant is guilty, it will be my job to decide what the punishment will be. In making your decision, you must not consider punishment at all. At times during the trial, attorneys made objections. Do not draw any conclusions from the objections or from my rulings on the objections. These only related to legal questions I had to decide and should not influence your thinking. If I told you not to consider a particular statement that was made during the trial, you must not consider it in your deliberations.
[I have asked questions of witnesses during the trial. That did not mean I had any opinion about the facts in the case.]
Finally, you should consider all the evidence in light of your experience in life.
INSTRUCTION NO. ___ (COLJI-Crim. E:02)
The charge against the defendant is not evidence. The charge against the defendant is just an accusation. The fact that the defendant has been accused is not evidence that the defendant committed any crime.
The defendant is charged with committing the crime[s] of [ ], in [ ] County, Colorado, on or about [ ]. The defendant has pleaded not guilty [by reason of insanity].
INSTRUCTION NO. ___ (COLJI-Crim. E:03)
Every person charged with a crime is presumed innocent. This presumption of innocence remains with the defendant throughout the trial and should be given effect by you unless, after considering all of the evidence, you are then convinced that the defendant is guilty beyond a reasonable doubt.
The burden of proof is upon the prosecution to prove to the satisfaction of the jury beyond a reasonable doubt the existence of all of the elements necessary to constitute the crime charged.
Reasonable doubt means a doubt based upon reason and common sense which arises from a fair and rational consideration of all of the evidence, or the lack of evidence, in the case. It is a doubt which is not a vague, speculative or imaginary doubt, but such a doubt as would cause reasonable people to hesitate to act in matters of importance to themselves.
If you find from the evidence that each and every element of a crime has been proven beyond a reasonable doubt, you should find the defendant guilty of that crime. If you find from the evidence that the prosecution has failed to prove any one or more of the elements of a crime beyond a reasonable doubt, you should find the defendant not guilty of that crime.
INSTRUCTION NO. ___ (COLJI-Crim. E:04)
The number of witnesses testifying for or against a certain fact does not, by itself, prove or disprove that fact.
INSTRUCTION NO. ___ (COLJI-Crim. E:05)
You are the sole judges of the credibility of each witness and the weight to be given to the witness's testimony. You should carefully consider all of the testimony given and the circumstances under which each witness has testified.
For each witness, consider that person's knowledge, motive, state of mind, demeanor, and manner while testifying. Consider the witness's ability to observe, the strength of that person's memory, and how that person obtained his or her knowledge. Consider any relationship the witness may have to either side of the case, and how each witness might be affected by the verdict. Consider how the testimony of the witness is supported or contradicted by other evidence in the case. You should consider all facts and circumstances shown by the evidence when you evaluate each witness's testimony.
You may believe all of the testimony of a witness, part of it, or none of it.
INSTRUCTION NO. ___ (COLJI-Crim. E:07)
Every defendant has a constitutional right not to testify. The decision not to testify cannot be used as an inference of guilt and cannot prejudice the defendant. It is not evidence, does not prove anything, and must not be considered for any purpose.
The U.S. Supreme Court has held that failure to limit the jurors' speculation on the meaning of the
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