Introductory Instructions

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CHAPTER 1

INTRODUCTORY INSTRUCTIONS

The instructions in this chapter are appropriately given at the outset

of the criminal case. These “introductory instructions” are often read to

the jury at the outset of the case and may be rep eated as appropriate

periodically as the trial progresses. Additionally, Instructions 1.A. and

1.B. are usually given at the outset of the jury charge immediately

preceding deliberations.

A. Consideration of the Indictment

The indictment in this case is the formal method of accusing a

defendant of a crime and placing the defendant on trial. It is a document

that sets forth the offense(s) charged. It is not evidence against the

defendant and does not create any inference of guilt. The indictment in

this case charges the defendant with a violation of Section 1 of the

Sherman Act. [Court reads indictment or parts thereof.] The defendant

denies that [he] [she] [it] is guilty of the charge.

NOTES

This is a standard instruction and is essentially unchanged from the

previous edition of this book. See ABA Section of Antitrust Law,

Sample Jury Instructions in Criminal Antitrust Cases, No. 29 at 81

(1984) (cited as “1984 Sample Jury Instructions”).

PATTERN CIRCUIT INSTRUCTIONS

First Circuit Pattern Criminal Jury Instructions, No. 1.02 (1998).

Third Circuit Model Criminal Jury Instructions, No. 1.11 (2006).

Sixth Circuit Pattern Criminal Jury Instructions, No. 1.03 (2005).

Federal Criminal Jury Instructions for the Seventh Circuit, No. 2.1

(1999).