3d Cir. Model Jury Instr. (Criminal) 3.16

Duty to Deliberate; Communication with Court

That concludes my instructions explaining the law regarding the testimony

and other evidence, and the offenses charged. Now let me explain some things about

your deliberations in the jury room, and your possible verdicts.

First: The first thing that you should do in the jury room is choose someone

to be your foreperson. This person will speak for the jury here in court. He or she

will also preside over your discussions. However, the views and vote of the

foreperson are entitled to no greater weight than those of any other juror.

Second: I want to remind you that your verdict, whether it is guilty or not

guilty, must be unanimous. To find (name of defendant) guilty of an offense, every

one of you must agree that the government has overcome the presumption of

innocence with evidence that proves each element of that offense beyond a

reasonable doubt. To find (name) not guilty, every one of you must agree that the

government has failed to convince you beyond a reasonable doubt.

Third: If you decide that the government has proved (name) guilty, then it

will be my responsibility to decide what the appropriate punishment should be. You

should never consider the possible punishment in reaching your verdict.

Fourth: As I have said before, your verdict must be based only on the

evidence received in this case and the law I have given to you. You should not take

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anything I may have said or done during trial as indicating what I think of the

evidence or what I think your verdict should be. What the verdict should be is the

exclusive responsibility of the jury.

Fifth: Now that all the evidence is in, the arguments are completed, and once

I have finished these instructions, you are free to talk about the case in the jury

room. In fact, it is your duty to talk with each other about the evidence, and to

make every reasonable effort you can to reach unanimous agreement. Talk with

each other, listen carefully and respectfully to each other's views, and keep an open

mind as you listen to what your fellow jurors have to say. Do not hesitate to change

your mind if you are convinced that other jurors are right and that your original

position was wrong. But do not ever change your mind just because other jurors see

things differently, or just to get the case over with. In the end, your vote must be

exactly that--your own vote. It is important for you to reach unanimous agreement,

but only if you can do so honestly and in good conscience. Listen carefully to what

the other jurors have to say, and then decide for yourself if the government has

proved the defendant guilty beyond a reasonable doubt.

No one will be allowed to hear your discussions in the jury room, and no

record will be made of what you say. You should all feel free to speak your minds.

[Remember, if you elected to take notes during the trial, your notes should be used

only as memory aids. You should not give your notes greater weight than your

independent recollection of the evidence. You should rely upon your own independent

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recollection of the evidence or lack of evidence and you should not be unduly influenced

by the notes of other jurors. Notes are not entitled to any more weight than the memory

or impression of each juror.]

Sixth: Once you start deliberating, do not talk, communicate with, or provide

any information about this case by any means to the court officials, or to me, or to

anyone else except each other. During your deliberations, you may not use any

electronic device or media, such as a telephone, cell phone, smart phone, iPhone,

Blackberry or computer; the internet, any internet service, or any text or instant

messaging service; or any internet chat room, blog, or website such as Facebook, My

Space, LinkedIn, YouTube or Twitter, to communicate to anyone any information

about this case or to conduct any research about this case.

Seventh: If you have any questions or messages, your foreperson should

write them down on a piece of paper, sign them, and then give them to the court

official who will give them to me. I will first talk to the lawyers about what you have

asked, and I will respond as soon as I can. In the meantime, if possible, continue

with your deliberations on some other subject.

[If you want to see any of the exhibits that were admitted in evidence, you may

send me a message and, if I can legally do so, I will have those exhibits provided to you.]

One more thing about messages. Do not ever write down or tell anyone how

you or anyone else voted. That should stay secret until you have finished your

deliberations. If you have occasion to communicate with the court while you are

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deliberating, do not disclose the number of jurors who have voted to convict or

acquit on any offense(s).