Criminal Jury Instructions Chapter 3
Final Charge to Jury
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- 3.1 Introduction to Final Instructions
- 3.2 Statement of Charge
- 3.3(a) Aggravation of (name of felony) by [Carrying] [Displaying] [Using] [Threatening to Use] [Attempting to Use] a [Firearm] [Weapon]
- 3.3(b) [Reserved]
- 3.3(c) Aggravation of a Felony by Committing an Aggravated Battery
- 3.3(d) Possession of a [Firearm] [Destructive Device] [And Discharge] [Causing [Great Bodily Harm][Death]]
- 3.3(e) Aggravation of a Felony by Wearing a Hood, Mask, or Other Device to Conceal Identity
- 3.3(f) Aggravation of a Crime By Selecting A Victim Based on Prejudice
- 3.3(g) Bifurcated Trial Instruction – Phase Two
- 3.3(h) Willful Blindness
- 3.3(i) Domestic Violence
- 3.3(j) Aggravation of Trafficking in [Fentanyl] [Insert Relevant Controlled Substance]
- 3.4 When There are Lesser Included Crimes or Attempts
- 3.5(a) Principals
- 3.5(b) Principals — When Active Participant Hired by Defendant
- 3.6(a) Insanity
- 3.6(b) Insanity — Hallucinations
- 3.6(c) Psychotropic Medication
- 3.6(d) Voluntary Intoxication
- 3.6(e)(1) Involuntary Intoxication Negating Specific Intent
- 3.6(e)(2) Involuntary Intoxication Resulting In Insanity
- 3.6(f) Justifiable [Use] [or] [Threatened Use] of Deadly Force
- 3.6(g) Justifiable [Use] [or] [Threatened Use] of Non-deadly Force
- 3.6(h) Justifiable Use of Force by Law Enforcement Officer
- 3.6(i) Alibi
- 3.6(j) Entrapment
- 3.6(k) Duress or Necessity
- 3.6(l) Independent Act
- 3.6(m) Affirmative Defense: Temporary Possession of Controlled Substance for Legal Disposal
- 3.6(n) Affirmative Defense: Controlled Substance Was Lawfully Obtained From A Practitioner Or Pursuant To A Valid Prescription
- 3.6(o) Transferred Intent
- 3.6(p) Abnormal Mental Condition
- 3.7 Plea of Not Guilty; Reasonable Doubt; and Burden of Proof
- 3.8(a) Evidence of Other Crimes, Wrongs, or Acts
- 3.8(b) Evidence of Other Crimes, Wrongs, or Acts [of Child Molestation] [Involving a Sexual Offense]
- 3.8(c) Disregarding Evidence [Reserved]
- 3.8(d) Date of Crime
- 3.8(e) Venue
- 3.9 Weighing the Evidence
- 3.9(a) Defendant Not Testifying
- 3.9(b) Defendant’s Statements
- 3.9(c) Eyewitness Identification
- 3.10 Rules for Deliberation
- 3.11 Cautionary Instruction
- 3.12 Verdict
- 3.12(a) Single Defendant, Multiple Counts or Informations
- 3.12(b) Single Count, Multiple Defendants
- 3.12(c) Multiple Counts or Informations, Multiple Defendants
- 3.12(d) Legally Interlocking Counts
- 3.12(e) Jury Verdict Form— Death Penalty
- 3.12(f) Crime Legally Interlocking with a Special Finding Within that Same Count
- 3.13 Submitting Case to Jury
- 3.14 Scoresheet Findings
- 3.15 Violent Offenses Committed Against Specified Justice System Personnel