General Instructions

• Pages: 9-41

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CHAPTER 2

GENERAL INSTRUCTIONS

A. Standard Instructions

The instructions in this section are not unique to criminal antitrust

cases and, indeed, are commonly given in all federal criminal cases.

These instructions usually are given prior to deliberations, but certain of

them also may be given at the outset of the criminal case and at various

times throughout the trial.

1. Functions of the Jury

Members of the jury, you have seen and heard all the evidence and

arguments in this case. I will now instruct you on the law applicable to

this case.

It is your job as a juror to decide the facts from the evidence

admitted in the case.

You must apply the law that I give you to the facts. You must follow

the instructions about the law. You must not question any law stated by

me in these instructions, even if you disagree with the law or have a

different opinion of the law. Each of these instructions is important and

you must follow each of them. Your verdict must be based upon the law

given by me.

NOTES

Jurors should be instructed regarding their unique responsibilities to

make factual determinations, but within the bounds of the law as

described by the court. This model instruction is taken from the Federal

Criminal Jury Instructions for the Seventh Circuit, No. 1.01 (1999).

Certain courts, including the Seventh Circuit, suggest combining this

instruction with other introductory instructions about the role and

responsibility of the jury. See Federal Criminal Jury Instructions for the

Seventh Circuit, No. 1.01 (1999). Here, the Committee has separated

10 Model Criminal Antitrust Jury Instructions

certain “introductory” remarks into stand-alone instructions, see,e.g.,

infra Instruction 2.A.4. relating to “Interest or Bias —Jurors.”

PATTERN CIRCUIT INSTRUCTIONS

First Circuit Pattern Criminal Jury Instructions, No. 1.01 (1998).

Third Circuit Model Criminal Jury Instructions, Nos. 1.02 and 3.01

(2006).

Fifth Circuit Pattern Criminal Jury Instructions, No. 1.01 (2001).

Sixth Circuit Pattern Criminal Jury Instructions, No. 1.02 (2005).

Federal Criminal Jury Instructions for the Seventh Circuit, No. 1.01

(1999).

Eighth Circuit Manual of Model Criminal Jury Instructions, No. 3.02

(2008).

Ninth Circuit Manual of Model Criminal Jury Instructions, No. 1.01

(2003).

Tenth Circuit Criminal Pattern Jury Instructions, No. 1.04 (2005).

Eleventh Circuit Pattern Criminal Jury Instructions, Nos. 2.1 and 2.2

(Basic) (2003).

ANTITRUST CASE SOURCES

Transcript of Record at 5576-79 (Sept. 8, 1998), United States v.

Andreas (N.D. Ill.) (No. 96-762).

Instructions to the Jury No. 1 (Sept. 26, 1991), United States v.

Deffenbaugh (D. Kan.) (No. 91-20010-01).

Transcript of Record at 2274-78 (Mar. 31, 1994), United States v.

Milikowsky (D. Conn.) (No. 3:93CR-191).

Transcript of Record at 34-35 (May 5, 1989), United States v. MMR

Corp. (E.D. La.) (No. 88-559).

General Instructions 11

Transcript of Record at 2118 (July 1, 1998), United States v. Nippon

Paper Indus. (D. Mass.) (No. 95-10388-NG).

Transcript of Record at 2976-77, 3005-06 (Nov. 10, 2008), United States

v. Northcutt & Scaglia (S.D. Fla.) (No. 0:07-CR-60220).

Transcript of Record at 2010-11 (July 19, 2007), United States v. Stora

Enso N. Am. Corp. (D. Conn.) (No. 3:06CR323-CFD).

Transcript of Record at 2279-80 (Feb. 22, 2008), United States v.

Swanson (N.D. Cal.) (No. CR-06-0692-PJH).