Vermont Model Criminal Jury Instructions CR28-501

– 13 V.S.A. § 3015

The State has charged (Def)_______________ with obstruction of justice, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) [corruptly] [by threats or force] [by threatening letter] [by threatening communication];

(3) [intimidated] [impeded] [caused bodily injury to] [intentionally damaged property of]

any [witness] [grand juror] [petit juror], [in] [of] any court of the State of Vermont; and

(4) [he] [she] did so on account of that person’s

[attendance at] [deliberation at] [performance of his or her official duties in connection with]

a matter [already heard] [presently being heard] [to be heard]

before any court of the State of Vermont.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ acted [corruptly] [by threats or force] [by threatening letter] [by threatening communication].

[As used here, corruptly means that (Def)_______________ acted with a wrongful design to acquire an unjust advantage.] [As used here, a threat means a declaration of intention or determination to inflict punishment, loss or pain on another, or to injure another by the commission of some unlawful act.]

The third essential element is that (Def)_______________ [intimidated] [impeded] [caused bodily injury to] [intentionally damaged property of] any [witness] [grand juror] [petit juror], [in] [of] any court of the State of Vermont];

[To intimidate means to intentionally place the other person in fear.]

[To impede means to interfere with progress.]

[The term bodily injury means any physical pain, illness or any impairment of physical condition.]

[To act intentionally means to act purposely, and not inadvertently, because of mistake, or by accident. You may find that (Def)_______________ acted intentionally if it was [his] [her] conscious objective to damage the other person’s property.]

[A person’s intent may be shown by the way in which the person expresses it to others, or by his or her conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.]

Here the State alleges that (Def)_______________ [intimidated] [impeded] [caused bodily injury to] [intentionally damaged property of] (victim)_______________, and that (victim)_______________ was a [witness] [grand juror] [petit juror], [in] [of] (specific court in State of Vermont)__________________, by (specific acts)_________________________.

The last essential element is that (Def)_______________ committed the acts against (victim)_______________ on account of [his] [her]

[attendance at] [deliberation at] [performance of his or her official duties in connection with]

a matter [already heard] [presently being heard] [to be heard]

before any court of the State of Vermont.

The State must have proven that (Def)_______________ was aware of (victim)_______________’s role in proceedings before (court)____________________, and that (victim)_______________’s role was a motivating factor for (Def)_______________’s behavior.

If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.