Instruction 2.420, Criminal Model Jury Instructions for Use in the District Court

REDUCING THE JURY,

SELECTION OF THE FOREPERSON,

AND SENDING OUT THE JURY

Judge: When we impanel a jury at the beginning of a trial, we never

know whether some personal emergency will arise during the course

of the trial which will require one of the jurors to be excused from

further jury duty. To avoid having to start the trial over again if that

should occur, we impanel seven jurors, even though the case will

eventually be decided by only six of you.

The time has now come to reduce your number to that six. The

clerk will draw one of your names at random. That juror will be

designated as an alternate juror, and will not take part in your

deliberations unless it is necessary to provide a substitute for one of

the other jurors.

If fate makes you the alternate juror, please don’t take it

personally. Your presence up to this point, and your continuing

availability if you should be needed, is itself an important contribution

to the administration of justice. The court officer will make you as

comfortable as possible while the jury deliberates.

The clerk will now reduce the jury to six jurors.

The clerk should place the names of all the jurors in the drum, draw the names of the one or

two alternates, and address them as follows:

Clerk: Juror Number ___ in seat number ___, you are hereby

designated as an alternate juror. Repeat the prior sentence if there is a second alternate

juror. You will be kept separate and apart in the attendance of the court

officer unless you are later drawn to replace a sitting juror.

Juror Number ____, [state name of juror], I appoint you to be the

foreperson of this jury. As the jury foreperson you will have three

jobs: first, you will be the liaison, or link, between the jury and the

Court. As you deliberate, if you have any questions about the law,

you should write it down on a piece of paper, and hand it to the court

officer. The court officer cannot answer any of your questions about

the case. I will either send back an answer in writing or have you

come back into the courtroom for further instructions.

Second, as foreperson, it is your job to encourage discussion

among your fellow jurors. To that end, the foreperson should see that

all jurors have a chance to participate in the discussion and that all

points of view are considered. As the foreperson, however, you do

not have a greater voice or vote than any of your fellow jurors.

Finally, as foreperson, you have an administrative role. After all

six jurors have agreed upon a verdict, fill in the verdict slip, date it

and sign it at the bottom, place it in an envelope, and then let the

court officers know you have reached a verdict. You will then be

brought back into the courtroom, where you will announce the verdict

in open court in response to questions from the clerk. The

deliberating jurors will then be asked if they agree with that verdict.

If several offenses are charged: There is one verdict slip for each charge.

Explain verdict slips as necessary.

For all of the jurors, I emphasize that you may not use cellular

telephones or any other personal wireless device during

deliberations. Incoming or outgoing calls or other electronic

communications may disrupt the deliberative process or allow for the

receipt of improper extraneous information.

You are not to conduct any outside research or investigation, by

means of the internet or otherwise, about the law or facts of this case.

The clerk will now swear the court officer(s) who will escort you

to your deliberations.

Clerk swears court officer(s): Do you solemnly swear or affirm that you will

take charge of this jury and keep them together in some convenient

place until they have agreed, that you will not speak to them nor

suffer anyone else to speak to them, except by order of Court or to

ask them if they have agreed, so help you God?

Judge: Members of the jury, you may now retire to consider your

verdict(s).