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Criminal Jury Instructions

Criminal Jury Instructions Home

2.10-1  Duties Upon Retiring

Revised to December 1, 2007

In conclusion, I impress upon you that you are duty bound as jurors to determine the facts on the basis of the evidence as it has been presented, to apply the law as I have outlined it, and then to render a verdict of guilty or not guilty as to each count.  When you reach a verdict, it must be unanimous.  It is the duty of each juror to discuss and consider the opinions of the other jurors.  Despite that, in the last analysis, it is your individual duty to make up your own mind and to decide this case upon the basis of your own individual judgment and conscience.

With that, you may now retire to the jury room.  Do not begin deliberations until you have selected one of your members to be the foreperson of the jury and you have received the information and exhibits.  You may only deliberate when all (six / twelve) of you are present in the jury room.  You must render a separate verdict as to each of the counts of the information.  Inform the judicial marshal when you have reached a verdict, but do not tell (him/her) your verdict.  You will be asked to return to the courtroom where your foreperson will announce the verdict orally in response to questions from the courtroom clerk.  The rest of the panel will be asked whether they concur with the verdict.

If you have any questions please send them out as a note, signed by the foreperson marked with the time.  Please be as specific as possible.

Commentary

The verdict on all counts should be taken before the court accepts the verdicts and orders them recorded.

If the charges against the defendant are inconsistent, the jury can only render a verdict with regard to one of the inconsistent charges.  For example, the state often charges in the alternative when factual issues determine which crime was committed.  See State v. Morris, 49 Conn. App. 409, cert. denied, 247 Conn. 904 (1998) (charged under both § 53a-70 (a) (1) and § 53a-70 (a) (2) because factual issue as to whether victim was 13 years old at the time of the assaults); State v. Prutting, 40 Conn. App. 151, cert. denied, 236 Conn. 922 (1996) (charged murder, attempted murder, and attempted assault because factual issue as to intent).

 


 

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