Vermont Model Criminal Jury Instructions CR28-911

The State has charged (Def)_______________ with abuse of a vulnerable adult, 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) engaged in conduct that was likely to cause unnecessary [harm] [pain] [suffering] to (victim)_______________;

(3) (Def)_______________ [intended to cause] [recklessly disregarded a likelihood that [his] [her] conduct would cause] unnecessary [harm] [pain] [suffering] to (victim)_______________; and

(4) (victim)_______________ was a vulnerable adult, due to [brain damage] [infirmities of aging] [a [physical] [mental] [developmental] disability].

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

The second essential element is that (Def)_______________ engaged in conduct that was likely to cause unnecessary [harm] [pain] [suffering] to (victim)_______________. Here the State alleges that (Def)_______________ (describe specific allegations)________________

__________________________________________________________________________.

The third essential element is that (Def)_______________ [intended to cause] [recklessly disregarded a likelihood that [his] [her] conduct would cause] unnecessary [harm] [pain] [suffering] to (victim)_______________.

[A person acts intentionally if he or she acts 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 cause unnecessary [harm] [pain] [suffering] to (victim)_______________.]

[To act recklessly means to act without regard to the probable consequences of one’s actions. You may find that (Def)_______________ acted recklessly if [he] [she] consciously ignored a known, substantial and unjustifiable risk that [his] [her] conduct would cause unnecessary [harm] [pain] [suffering] to (victim)_______________. [His] [Her] disregard of that risk, when considered in light of the nature and purpose of [his] [her] conduct, and the circumstances known to [him] [her], must have been a gross deviation from how a law-abiding person would have acted in the same situation.]

In determining (Def)_______________’s [intent] [mental state], you should consider all of the surrounding facts and circumstances established by the evidence.

The last essential element is that (victim)_______________ was a vulnerable adult, due to [brain damage] [infirmities of aging] [a [physical] [mental] [developmental] disability]. Here the State alleges that (victim)_______________ was vulnerable due to [his] [her] (describe alleged basis for vulnerability)______________________________________. The State must have proven that (victim)_______________’s condition resulted in [some impairment of [his] [her] ability to provide for [his] [her] own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances] [an impaired ability to protect [himself] [herself] from abuse].

All of the essential elements of the offense must have been present at the same time. 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.