COLJI-Crim. B:01

Good Morning, Ladies and Gentlemen:

Welcome to [Courtroom] [Division] No. [] of the [] Court. I am

Judge [].

I want to thank all of you for your service. Jury service is both a right

and a responsibility of citizenship in this country. We deeply appreciate

your participation in this important aspect of our democratic society.

Before we begin the trial, I want to tell you what will be happening.

Let me start by introducing the people involved.

This is a criminal case. It was filed on behalf of the People of the

State of Colorado by the District Attorney’s office. We will sometimes refer

to the District Attorney as the “Prosecution” or the “People.” The District

Attorney’s Office is represented by [] in this case. The “Defendant” is

[].

[He [she] is represented by [].]

[He [she] has decided to represent himself [herself] instead of being

represented by a lawyer. It is his [her] right to do this. His [her]

decision to represent himself [herself] has nothing to do with whether

he [she] is guilty or not. His [her] choice to represent himself

[herself] cannot be considered by the jury for any purpose and

should not influence the jury’s decision in any way. It must not

result in either prejudice against the defendant or sympathy for the

defendant.]

[The person seated beside the defendant is [insert name of counsel],

who is an advisory attorney. An advisory attorney serves as a resource to

help the defendant with legal matters during trial, but will not address the

Court or the jury during the trial.]

The charge[s] against the Defendant [is] [are] contained in what is

called an [information] [indictment] [complaint].

[The [information] [indictment] [complaint] in this case reads as

follows:]

[The following is a summary of the charges in this case:]

[Note to court: Crim. P. 24(a)(2)(v) states that “the judge shall explain

. . . in plain and clear language. . . [the] elements of charged

offenses.”]

The charge itself is not evidence of anything. It is not proof the

defendant committed any crime. No juror should assume the defendant

committed a crime just because he [she] was charged with doing so.

The Defendant has pleaded “not guilty” to the charge[s]. By

pleading “not guilty,” the defendant says that he [she] did not commit the

crime[s] charged. The defendant is presumed to be innocent. Therefore,

the prosecution has the burden of proving the charge[s] beyond a

reasonable doubt. At the end of the trial, the jury will decide whether the

prosecution has proven, beyond a reasonable doubt, that the defendant is

guilty of the crime[s] charged.

We will select [] jurors [and [] alternate[s]] to be the jury. These

jurors will consider all of the evidence presented during the trial. The

jurors will then decide what has been proved, based on all of the evidence.

Then, based upon the law which I will explain to you, the jury will

decide whether the prosecution has proved any charges beyond a

reasonable doubt.

Before we begin with the jury selection process, I want to explain a

few other matters.

[Parts of this trial may be video-recorded by the media. Be assured

that if you are selected to serve on the jury, the recordings will not display

your presence in the jury box; they will only film the witnesses and the

attorneys.]

[If you are selected to be on the jury, you will be able to go home each

evening, but you will have to follow certain rules. I will explain those rules

later.]

[If you are selected to be on the jury, you will be sequestered and

have to follow certain rules. I will explain those rules later.]

If you are excused from being a juror in this case, you may have to

return to the main jury room, if we still need jurors in other courtrooms.

In a few minutes I will be asking all of you some questions. These

questions are not intended to embarrass you, but to find out if you are

qualified to be a juror.

If any of you need to answer a question about a sensitive matter that

you prefer to discuss privately, please let me know and we will have a

more private discussion.

Since there will be questions asked of each of you, it is necessary that

I place you under oath to tell the truth. Please stand and raise your right

hand. Answer “I do” if you agree with the oath or affirmation.

Do you solemnly swear or affirm under penalty of law to answer

truthfully the questions asked by the Court or counsel concerning your

service as a juror in this case?

Thank you. Please be seated.

I first need to determine if you are legally qualified to serve on a

criminal jury in this district.

Please raise your hand if you think any of these apply to you.

Are any of you not a citizen of the United States?

Are any of you not a resident of []?

Are any of you not at least eighteen years old?

Are any of you not able to read, speak and understand the English

Language?

Are any of you not able to serve on a jury because of a physical or

mental disability?

Are any of you solely responsible for the daily care of an individual

with a permanent disability who lives with you?

Have any of you served on a jury within the last twelve months, or

are any of you scheduled for jury service within the next twelve months?

[Note to court: Rule on any challenges for cause.]

There are certain other situations that may require me to excuse you

as jurors.

Before asking about these situations, I will give you more information

about this case.

This case involves allegations of: [].

[Note to court: Describe the allegations using a method that complies

with Crim. P. 24(a)(2)(iv) (“When prospective jurors have reported to

the courtroom, the judge shall explain to them in plain and clear

language. . . [t]he nature of the case using applicable instructions if

available or, alternatively a joint statement of factual information

intended to provide a relevant context for the prospective jurors to

respond to questions asked of them. Alternatively, at the request of

counsel and in the discretion of the judge, counsel may present such

information through brief non-argumentative statements.”).]

The witnesses who may testify are: [].

Please raise your hand if you think that any of these apply to you:

Do any of you believe you may be related to the defendant or the

attorneys?

Do any of you know anyone involved in this case, including the

defendant, the alleged victim, the attorneys, the witnesses, me, or my court

staff?

Do any of you know each other?

Have any of you ever had any business or financial dealings with the

defendant, the alleged victim, or the attorneys, including any employment

relationship?

Have any of you ever been involved in legal proceedings of any kind

with anyone involved in this case?

Did any of you personally see, hear, or read anything about this case

in the media or on the internet, including computers, other electronic

devices or through other tools of technology?

Were any of you involved in the prosecution of this case?

Do any of you work for a public law enforcement agency or for a

public defender’s office?

[Note to court: Rule on any challenges for cause.]

I will now go over a few basic rules of law that apply in all criminal

cases. These rules are important because they come from our state and

federal constitutions and are the backbone of our American system of

justice. They assure that both sides receive a fair trial. All jurors must be

able to follow these rules.

[Note to court: The next series of paragraphs is designed to comply

with Crim. P. 24(a)(2)(v), which requires that the court explain—in

addition to the elements of the charges—“[g]eneral legal principles

applicable to the case including the presumption of innocence,

burden of proof, [and the] definition of reasonable doubt.” Because

this provision also states that the court is to explain “other matters

that jurors will be required to consider and apply in deciding the

issues,” consider including definitions of culpable mental states,

affirmative defenses (including insanity, if pled), key terms, etc.]

Every person charged with a crime is presumed innocent. This

presumption of innocence remains with the defendant throughout the trial

and should be given effect by you unless, after considering all the evidence,

you are convinced that the defendant is guilty beyond a reasonable doubt.

A reasonable doubt can be based on the evidence presented or the lack of

evidence presented.

The burden of proof in this case is upon the prosecution. The

prosecution must prove to the satisfaction of the jury beyond a reasonable

doubt the existence of each and every element necessary to constitute the

crime charged. This burden requires more than proof that something is

highly probable, but it does not require proof with absolute certainty.

Proof beyond a reasonable doubt is proof that leaves you firmly

convinced of the defendant’s guilt. If you are firmly convinced of the

defendant’s guilt, then the prosecution has proven the crime charged

beyond a reasonable doubt. But if you think there is a real possibility that

the defendant is not guilty, then the prosecution has failed to prove the

crime charged beyond a reasonable doubt.

Every defendant has a constitutional right not to testify. The decision

not to testify cannot be used as an inference of guilt and cannot prejudice

the defendant. It is not evidence, does not prove anything, and you must

not consider it for any purpose.

Sympathy, bias, and prejudice have no place in a criminal trial. The

guilt or innocence of the defendant must not be decided as a result of either

sympathy or prejudice for or against the prosecution or the defendant.

You must also not be biased for or against the defendant, any

witness, or any other party based on any identifying characteristic such as

race, religion, age, gender, gender identity, gender expression, sexual

orientation, ethnicity, national origin, disability, socioeconomic status, or

any other such characteristic. And you must guard against unconscious

bias (also called implicit bias). Unconscious biases are stereotypes,

perceptions, attitudes, or preferences that people may hold without being

aware of them. Such biases can affect how we evaluate information and

make decisions. You must not allow unconscious bias to influence your

verdict.

This case must be decided only on the evidence presented at trial and

the law as I instruct you.

You may have to decide what testimony to believe. You should

carefully consider all of the testimony given and the circumstances under

which each witness has testified.

Consider each witness’s knowledge, motive, state of mind,

demeanor, and manner while on the stand. Consider the witness’s means

of knowledge, ability to observe, and strength of memory. Consider also

any relationship each witness may have to either side of the case; the

manner in which each witness might be affected by the verdict; and the

extent to which, if at all, each witness is either supported or contradicted by

other evidence in the case. You should consider all facts and circumstances

shown by the evidence which affects the credibility of the witness’s

testimony. You may believe all of the testimony of a witness, or part of it,

or none of it.

Do all of you understand these principles?

Are there any of you who could not follow these principles if you

become a juror?

If you cannot follow these principles, you must say so now.

[Note to court: Rule on any challenges for cause.]

I want to ask one more very important question. Jurors are valuable

because of their life experiences. However, sometimes those life

experiences leave a juror feeling they could not be fair in a particular case.

Do any of you believe that you could not be a fair juror in this case, for any

reason?

[Note to court: Rule on any challenges for cause.]

I expect that this case will probably last until [].

The trial may last longer than that. I always have to qualify my time

estimate because there are so many things that might affect our schedule.

This includes jury deliberations. Once the trial is finished and I turn the

case over to the jury to decide, there is no stopwatch on your deliberations.

You will have as much or as little time as you need to reach a unanimous

decision.

During trial, we will start each day promptly at [], we will take one [

] minute break in the morning and one in the afternoon, and we will

usually break for lunch between [] and [].

Recognizing that all of you will be significantly inconvenienced by

jury service, would any of you experience an extreme hardship?

[Note to court: Address claims of hardship based on the statutes

summarized in Comment 1.]

In a moment, some of you will be called to the jury box. At that time,

the attorneys and I will ask additional questions.

I want to impress on you that there are no “right” or “wrong”

answers to the questions you will be asked. What is important is that you

be completely honest in all your answers.

Please remember to answer all questions honestly and completely.

Each of you must listen carefully to all questions and answers, even

when we are talking to someone else.

By listening to what we ask others, you will be better prepared to

answer when you will be questioned. This will help shorten the jury

selection process.

[Note to court: Conduct voir dire using a method that complies with

Crim. P. 24(a)(3), (4).]

Do any of you feel that you may not be able to be fair and impartial

toward the prosecution, the defendant, the attorneys, or any of the

witnesses?

Do any of you feel you may not be able to follow the law for any

reason?

Do any of you feel you might be disqualified from being a juror for

any other reason?

[Note to court: Rule on any challenges for cause.]

Now, each side may now excuse up to [] jurors, without stating a

reason. Therefore, do not be embarrassed or consider it any reflection

upon you if you are one of those excused.

[Note to court: After the parties exercise their peremptory challenges,

read a list of the jurors who have been selected to serve.]

Ladies and gentlemen, you have been selected as the jurors to try the

case of “The People of the State of Colorado versus [].” You now have

duties in addition to your obligation to answer our questions truthfully, so

I must now administer an additional oath to you. Please stand and raise

your right hands:

Do you solemnly swear or affirm under penalty of law that you will

well and truly try the matter before the court, and render a true verdict,

according to the evidence and the law as I instruct you? If so, please say, “I

do.”