Va. Model Jury Instr. Crim. No. 2.050

Members of the jury, the order of the trial of this case will be in four stages:

1. Opening statements

2. Presentation of the evidence

3. Instructions of law

4. Final argument

After the conclusion of final argument, I will instruct you concerning your deliberations. You

will then go to your room, select a foreperson, deliberate, and arrive at your verdict.

First, the Commonwealth’s attorney may make an opening statement outlining the

Commonwealth's case. Then the defendant’s attorney also may make an opening statement.

Neither side is required to do so.

[Second, following the opening statements, the Commonwealth will introduce evidence, after which

the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence

may then be introduced if appropriate.]

[Second, following the opening statements, the evidence will be presented.]

Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to

this case.

Once the evidence has been presented and you have been instructed on the law, then the

attorneys may make their closing arguments. The Commonwealth’s attorney will argue first, the

defendant’s attorney may reply, and the Commonwealth’s attorney may close in rebuttal.

Members of the jury, your function in the trial of this case is to reach a unanimous verdict.

Your unanimous verdict must be based solely on the evidence and the instructions of law which you

will be given after all the evidence has been presented. The law that applies to this is contained in

these instructions and in the other instructions you will receive at the close of all evidence. It is

your duty to follow all of these instructions.

[The defendant is presumed to be innocent. You should not assume the defendant is guilty because the

defendant has been charged and is on trial. This presumption of innocence remains with the defendant

throughout the trial and is enough to require you to find the defendant not guilty unless and until the

Commonwealth proves each and every element of the crime beyond a reasonable doubt. This does not

require proof beyond all possible doubt, nor is the Commonwealth required to disprove every

conceivable circumstance of innocence. However, suspicion or probability of guilt is not enough for a

conviction.]

[A reasonable doubt is a doubt based on your sound judgment after a full and impartial consideration

of all the evidence in the case.]

No statement or ruling or remark that I may make during the course of the trial is intended to

indicate my opinion as to what the facts are. It is your responsibility as members of the jury to

consider the evidence and determine the facts in this case.

The evidence which you are to consider consists of testimony of witnesses, any exhibits

admitted into evidence, and any facts agreed upon between the parties and presented to you by

stipulation. The admission of evidence in court is governed by rules of law; and from time to time,

it may be the duty of the attorneys to make objections and my duty as judge to rule on those

objections and decide whether or not you can consider certain evidence. You must not consider

testimony or exhibits to which an objection was sustained or which has been ordered stricken. If

an objection is overruled, then you may consider that evidence together with all other evidence in

the case. The opening statements and closing arguments of the attorneys are intended to help you

in understanding the evidence and in applying the law, but their statements are not evidence.

In your determination of what the facts are, you alone must decide the credibility of the

witnesses and the weight of the evidence. You may consider the appearance and manner of the

witnesses on the stand, their intelligence, their opportunity for knowing the truth and for having

observed the things about which they testified, their interest in the outcome of the case, their bias,

and, if any have been shown, their prior inconsistent statements, or whether they have knowingly

testified untruthfully as to any material fact in the case. You should not arbitrarily disregard

believable testimony of a witness. However, after you have considered all the evidence in the

case, then you may accept or discard all or part of the testimony of a witness as you think proper.

You should use your common sense in considering the evidence, and you may draw reasonable

inferences from that evidence; but in doing so, you should not indulge in guesswork or speculation.

From consideration of these things and all the other circumstances of the case, you should

determine which witnesses are more believable and weigh their testimony accordingly.

Until this case is submitted to you for your deliberations, you should not decide any issue in the

case. Also, you should not discuss the case with anyone or remain within hearing of anyone who is

discussing it. This includes discussing the case in person, in writing, by phone or electronic means,

via text messaging, email, or any social networking platform.

There will be occasional recesses during the trial. During the recesses, you should not discuss

the case with your fellow jurors nor go to the scene or make any independent investigation or

receive any information about the case from radio, television, the Internet, or the newspapers.

Once your deliberations begin, then you must discuss the case only in the jury room when all the

members of the jury are present. You are to decide this case solely on the evidence presented in

this courtroom, and not on the basis of any outside source.

If you are asked or approached in any way about your jury service or anything about this case

prior to rendering a verdict, you should not respond, and you should report the contact to the court

as soon as possible.

Do not attempt at any time before the conclusion of the case to research any fact, issue, or law

related to this case, whether by discussion with others, by research in a library or on the Internet,

or by any other means or source. You must not use Internet maps, or any other program or device

to search for and view any location discussed in the testimony. You must not search for any

information about the case, or the law which applies to the case, or the people involved in the case,

including the parties, the witnesses, the lawyers, or the judge. You must not communicate with

anyone about the case by any other means, including by telephone, text messages, e-mail, internet

chat or chat rooms, blogs, or social web sites. I expect you will inform me if you become aware of

another juror’s violation of these instructions.

Just before your deliberations, you will be given a final instruction about your selection of a

leader, the conduct of your deliberations, and the forms for your verdict.

The faithful and proper performance by you of your duty is vital to the administration of

justice. On behalf of the court and the litigants, we appreciate your giving your complete attention

to the case as it is presented.

Thank you.