Chapter 5 - EXHIBIT 5A • PROPOSED INSTRUCTION CONCERNING DELIBERATIONS

• Jurisdiction: Colorado

EXHIBIT 5A • PROPOSED INSTRUCTION CONCERNING DELIBERATIONS

Some judges are now considering the use of the following instruction that relates to the process by which the jury should deliberate.

Jury Instruction on Deliberation

Members of the jury, thank you for listening so closely to the evidence in this case. In a few moments, you will be ushered into the jury room to deliberate. Because many of you have not served as jurors before, I would like to give you a few pointers regarding the process of deliberation. These are only suggestions, and you are free to proceed in any way you wish.

First, you will need to choose the juror who will preside over your deliberations. You may already have a good idea of someone that you think would be a fair person and who would be a good listener and a good discussion manager. Pick someone who is willing and able to help the discussion remain organized and respectful. Remember, however, that the presiding juror's opinion has no greater value than that of any other juror.

Second, you might want to reach some agreements about how you will conduct yourselves. The presiding juror should encourage compliance with these agreements. If he or she is unable to do so or engages in this conduct himself or herself, you might want to select a new presiding juror. These agreements might include any or all of the following:

• Initially, everyone should be given the opportunity to speak, perhaps by "going around the table." After the initial discussion, the presiding juror should make sure that the less assertive members are given an opportunity to speak.
• Each juror who speaks should do so without interruption, except by the presiding juror if a juror is speaking too often or for too long, in the interest of moving the discussion forward.
• Everyone should listen carefully to the statements of others. Everyone will listen fully before formulating a response.
• No one should attempt to coerce or bully another juror.
• Everyone should be treated with respect.
• The jury should not rush to a conclusion because of the desire of some jurors to move to a quick decision.
• Evidence should be considered in an orderly fashion in conjunction with the judge's instructions. Some examples of a system for

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