Instruction 1.280, Criminal Model Jury Instructions for Use in the District Court

BEFORE A VIEW

Members of the jury, you are about to visit a place about which you

will be hearing testimony during this trial. In court terminology, we call this

a “view.”

The purpose of the view is to help you better to understand the

evidence which you will hear during the trial, and to help you appreciate the

location and its surroundings. The view that you will take is a part of this

case. The observations that you make while on the view may be used and

considered in your deliberations in reaching a verdict.

The place that you will view is [where] . The attorneys (and I) will

accompany you or meet you there. The attorneys may point out to you the

arrangement of the scene and items there which they want you to take

notice of, but otherwise they may not discuss anything in regard to this

case.

While you are on the view, you are not to make any notes or sketches.

You are not to conduct any independent investigation while we are there or

at any other time during the trial. You are not to return to the scene, or ask

anyone else to do so, until this case is over.

What you are to do on the view may best be summarized in two words

that you are all very familiar with: STOP and LOOK. Your responsibility is

to see the place, observe it carefully, and remember what you see.

During your trip to and from the place that you will view, you are not

to discuss the case or anything about it among yourselves or with anyone,

and you are not to permit anyone to talk with you about the case.

You will be under the supervision of the court officers at all times, and

you will remain together until you are returned to court, unless the court

officers direct you otherwise.

Under no circumstances should any of you, during the course of your

service as jurors in this case, take any unauthorized view of any location

which was mentioned by any of the witnesses or the attorneys in this case.

The clerk will now administer the oath to the court officers who will

accompany you on the view. I invite your careful attention to the oath

because it covers their responsibilities in supervising you and the

attorneys while on the view.

Information acquired at a view is not evidence in a strict sense, but may be used by the jury in

reaching a verdict. Commonwealth v. Jefferson, 36 Mass. App. Ct. 684, 688, 625 N.E.2d 2, 5 (1994).

See generally Jury Trial Manual for Criminal Offenses Tried in the District Court § 2.33.

SWEARING THE COURT OFFICERS

A traditional formulary for swearing court officers before a jury view is as follows:

Clerk: You (each) solemnly swear or affirm that you will

take charge of this jury and conduct them to view the premises

as ordered by the Court;

that you will not permit the parties to enter into debate in

the hearing of the jury, nor any person to speak to them, except

Assistant District Attorney ______ on behalf of the

Commonwealth and Attorney ______ on behalf of the defendant,

and they only to point out such places or things as they may

deem necessary;

and that you will keep the jury together until you have

brought them back into court unless the Court otherwise orders;

so help you God.