PG VII(H) PC 1122(a) Checklist re: Preinstruction.
PC 1122(a) requires preinstruction of the jury upon its “basic functions, duties and conduct.” The instruction must include, “among other matters,” admonitions to not converse, to avoid publicity about the case, to not view the scene and to not receive payment for information concerning the trial.
Devitt, et al., Fed. Jury Prac. & Instr. (1992), § 10.01, pp. 259-60, suggests that the instructions at the beginning of trial should “at least” cover the following:
1. Introduction and Definition of Terms. (See CJ 1.00; FORECITE F 1.00c.)
2. Duty to Presume Defendant Not Guilty. (See FORECITE F 1.00d.)
3. Order of Trial. (See FORECITE F 1.00e.)
4. Duty to Keep An Open Mind. (See FORECITE F 1.00f; PC 1122(b).)
5. Duty Not To Converse. (See CJ 1.03; FORECITE F 1.03c.)
6. Duty Re: Statements of Counsel, Evidence Stricken, Instructions of Questioning, Stipulated Facts. (See CJ 1.02; FORECITE F 1.02a et seq.)
7. Trial Publicity. (See CJ 1.03; FORECITE F 1.03b.)
8. No Independent Investigation Or View of the Scene. (See CJ 1.03.)
9. Duty to Report Juror Misconduct or Personal knowledge of Fact in Controversy. (See FORECITE F 1.03a.)
10. Duty Not to Receive Payment for Information About the Trial. (See FORECITE F 1.00g.)
11. Note Taking. (See CJ 0.50, CJ 1.05, FORECITE F 0.50a, F 1.05a, F 1.05c.)
12. Juror’s Right to Readback of Testimony, Written Instructions, Etc. (See FORECITE F 17.50.)
13. Juror Submission of Questions Regarding Testimony. (See FORECITE F 1.00a.)
14. Juror Duty Not to Impair Faculties with Alcohol. (See FORECITE F 1.00 n2.)
(See Devitt, et al., Fed. Jury Prac. & Instr. (1992), § 10.01, pp. 260-81 for examples of such preliminary instructions.)
The following checklist compiles examples of suggested instructions which may be necessary to comply with PC 1122(a) and PC 1122(b).
CAVEAT: Other instructions not included in this checklist may be appropriate depending on the circumstances.
