3d Cir. Model Jury Instr. (Criminal) 1.07

The trial will proceed in the following manner: First: The lawyers will

have an opportunity to make opening statements to you. The prosecutor may

make an opening statement at the beginning of the case. The defendants (s)

lawyer(s) may make (an) opening statement(s) after the prosecutors opening

statement or the defendant(s) may postpone the making of an opening statement

until after the government finishes presenting its evidence. The defendant (s) (is)

(are) not required to make an opening statement.

The opening statements are simply an outline to help you understand what

each party expects the evidence to show. What is said in the opening statements

is not itself evidence.

Second: After opening statements, the government will introduce the

evidence that it thinks proves the charge(s) stated in the indictment. The

government will present witnesses and the defendants (s) lawyer(s) may cross-examine those witnesses. The government may also offer documents and other

exhibits into evidence.

Third: After the government has presented its evidence, the defendant (s)

may present evidence, but (he) (she) (they) (is) (are) not required to do so. As I

will tell you many times during this trial, the government always has the burden

or obligation to prove each and every element of the offense(s) charged beyond a

reasonable doubt. The defendant (s) (is) (are) presumed to be innocent of the

charge(s). The law never imposes on a defendant (s) in a criminal case the

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burden of proving (his) (her) (their) innocence by calling any witnesses, producing

any exhibits, or introducing any evidence.

[If the court knows that the defendant will be presenting an affirmative defense, see

discussion in the Comment below about possible additional instructions.

Fourth: After all of the evidence has been presented, the lawyers will have

the opportunity to present closing arguments. Closing arguments are designed

to present to you the parties theories about what the evidence has shown and what

conclusions may be drawn from the evidence. What is said in closing arguments

is not evidence, just as what is said in the opening statements is not evidence.

Fifth: After you have heard the closing arguments, I will give you orally

[and in writing] the final instructions concerning the law that you must apply to

the evidence presented during the trial. As I am doing now, I may also give you

instructions on certain aspects of the law throughout the trial, as well as at the

end of the trial.

Sixth: After my final instructions on the law, you will retire to consider

your verdict. Your deliberations are secret. You will not be required to explain

your verdict to anyone. Your verdict must be unanimous; all twelve of you must

agree to it.

You must keep your minds open during this trial. Do not make up your

mind about any of the questions in this case until you have heard each piece of

evidence and all of the law which you must apply to that evidence in other

words, until you begin your deliberations.

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