Vermont Model Criminal Jury Instructions CR28-503

– 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) [obstructed] [impeded] [endeavored to obstruct] [endeavored to impede]

the due administration of justice, by (specific acts)________________; and

(4) (Def)_______________ intended to obstruct or impede the due administration of justice.

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)_______________ [obstructed] [impeded] [endeavored to obstruct] [endeavored to impede] the due administration of justice.

[To obstruct means to block or prevent.]

[To impede means to interfere with progress.]

The due administration of justice refers to the public’s right to have a just trial without corrupting influences. To obstruct or impede justice means to interfere with this right to the due administration of justice.

Here, the State alleges that (Def)_______________ [obstructed] [impeded] [endeavored to obstruct] [endeavored to impede] the due administration of justice by (specific acts)_______ ____________________.

The last essential element is that (Def)_______________ intended to obstruct or impede the due administration of justice. [He] [She] acted intentionally if [he] [she] acted purposely, and not inadvertently, because of mistake, or by accident. You may find that [he] [she] acted intentionally if it was [his] [her] conscious objective to obstruct or impede the due administration of justice.

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.

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.