3d Cir. Model Jury Instr. (Criminal) 2.01

We are about to take a break or recess during the trial, and I want to

remind you of the instructions I gave you earlier about your conduct as

jurors.

During this recess and all other recesses, do not discuss this case with

anyone, including your fellow jurors, other people involved in the trial,

members of your family, friends, or anyone else. Do not speak at all with any

of the parties, the witnesses, or the attorneys. Do not permit anyone to discuss

the case with you. If anyone approaches you and tries to talk to you about the

case, please report that to me, through my courtroom deputy, immediately.

[Before Each Daytime Recess During the Case:

While I do not know whether there is any news coverage of this case,

do not watch or listen to any news reports concerning this trial on television

or on radio and do not read any news accounts of this trial in a newspaper or

on the Internet. Do not use the internet to search for information about the

parties, witnesses, lawyers, or anyone else associated with the trial. The only

information you are to consider in deciding this case is what you learn in this

courtroom.]

[At the End of Each Day of the Case:

As I indicated before this trial started, you as jurors will decide this

case based solely on the evidence presented in this courtroom. This means

that, after you leave here for the night, you must not watch or listen to any

news reports concerning this trial on television or on radio or read any news

accounts of this trial in a newspaper or on the Internet. Further, you must not

conduct any independent research about this case, the matters in the case, the

legal issues in the case, or the individuals or other entities involved in the case.

This is important for the same reasons that jurors have long been instructed

to limit their exposure to traditional forms of media and information such as

television and newspapers. You also must not communicate with anyone, in

any way, about this case. And you must ignore any information about the

case that you might see while browsing the internet or your social media

feeds.]

[At the Beginning of Each Day of the Case:

As I reminded you last night and continue to emphasize to you today, it

is important that you decide this case based solely on the evidence and the law

presented here. So you must not learn any additional information about the

case from sources outside the courtroom. To ensure fairness to all parties in

this trial, I will now ask each of you whether you have learned about or

shared any information about this case outside of this courtroom, even if it

was accidental.

ALTERNATIVE 1 (in open court) (in the judge’s discretion): If you

think you might have done so, please let me know now by raising your hand.

[Wait for a show of hands]. I see no raised hands; however, if you would

prefer to talk to a member of the court’s staff privately in response to this

question, please do so at the next break. Thank you for your careful

adherence to my instructions.

ALTERNATIVE 2 (during voir dire with each juror, individually):

Have you learned about or shared any information about this case outside of

this courtroom? . . . Thank you for your careful adherence to my

instructions.]

Remember to keep an open mind. Do not make up your mind about the

verdict until you have heard all the evidence, I have given you final

instructions about the law at the end of trial, and you have discussed the case

with your fellow jurors during your deliberations.