JURY INSTRUCTION DRAFTS - November 2010
If you have questions or comments, please contact please contact Jennifer M. Hauge at cjhauge@dishmail.net.
2011 NDJI-CIVIL C - NEW
Duties of Jurors and Conduct
Performance of your duty as a juror is vital to our system of justice. Perform your duty without any fear, favor, or passion, and base your verdict on the evidence. I will give you the applicable law.
You must decide this case based solely on the evidence presented in this courtroom. This means that during the trial you must not conduct any independent research about this case, the matters in the case, or the individuals or entities involved. You must not consult dictionaries or other reference materials, search the internet, or use any electronic device to obtain information about this case. Do not obtain information from any source outside the courtroom or visit the scene of any events discussed during trial.
During this trial, you must not talk to anyone, including your family and friends, about the case. You must not communicate with anyone about the case on your cell phone or other wireless devices, through e-mail, text messaging, or any social networking medium, including [list social networking sites]. While you deliberate you will not be allowed to possess any wireless communication device.
Until you deliberate, please do not discuss the case with anyone or remain within hearing of anyone who is discussing it outside the courtroom.
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NDRCt 10.1(d)
NOTE: Judges may wish to consider adding the following language to their admonitions to jurors: "Do not use the internet or other electronic technology in an attempt to learn information about this case, or communicate with your family, friends, or anyone else about this case."
2011 NDJI-CRIMINAL K - NEW
Duties of Jurors and Conduct
Performance of your duty as a juror is vital to our system of justice. Perform your duty without any fear, favor, or passion, and base your verdict on the evidence. I will give you the applicable law.
You must decide this case based solely on the evidence presented in this courtroom. This means that during the trial you must not conduct any independent research about this case, the matters in the case, or the individuals or entities involved. You must not consult dictionaries or other reference materials, search the internet, or use any electronic device to obtain information about this case. Do not obtain information from any source outside the courtroom or visit the scene of any events discussed during trial.
During this trial, you must not talk to anyone, including your family and friends, about the case. You must not communicate with anyone about the case on your cell phone or other wireless devices, through e-mail, text messaging, or any social networking medium, including [list social networking sites]. While you deliberate you will not be allowed to possess any wireless communication device.
Until you deliberate, please do not discuss the case with anyone or remain within hearing of anyone who is discussing it outside the courtroom.
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NDRCt 10.1(d)
NOTE: Judges may wish to consider adding the following language to their admonitions to jurors: "Do not use the internet or other electronic technology in an attempt to learn information about this case, or communicate with your family, friends, or anyone else about this case."
2006 NDJI-CIVIL K - 5.62
(2011 - reviewed, no changes, citation added)
Duty of the Jury/Deadlocked Jury [Allen Charge]
MEMBERS OF THE JURY:
The verdict you reach must be unanimous. In coming to this agreement, you have a duty to consult with one another and to deliberate with a view to reaching an agreement, but only if it can be done without doing violence to your individual judgment. You must each come to your own conclusion as to what the weight of the evidence shows, but this conclusion should be based on an impartial consideration of the evidence with your fellow jurors. Do not hesitate to re-examine your own views and change an earlier opinion if convinced that your earlier opinion was erroneous.
It is important that none of you surrender your honest conviction as to the weight or effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict.
In light of the foregoing, I shall ask you to retire to deliberate [further] and make a conscientious effort to reach a verdict.
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State v. Parisien, 2005 ND 152, 703 NW2d 306
State v. Champagne, 198 NW2d 218, 238 (ND 1972)
Benzmiller v. Swanson, 117 NW2d 281 (ND 1962)
Borstad v. LaRoque, 98 NW2d 16 (ND 1959)
Lathrop v. Fargo Moorhead St. Ry. Co., 136 NW 88 (ND 1912)
Allen v. United States, 164 US 492 (1896)
NOTE: This instruction or its equivalent found in instruction NDJI Civil 85.20 should be given as part of the original series, and may be given again, after reasonable deliberation if the Jury reports an inability to agree or fails to return a verdict.
If giving this instruction, the following procedure should be observed:
1) Before the trial judge attempts to ascertain whether the Jury is deadlocked, both counsels should be present along with the reporter. At that time, the Court, on the record, should state the facts concerning any communication from the Jury, or if there has been no communication, the length of time the Jury has been deliberating, and inform counsel that the Court proposes to give the instruction again, giving counsel an opportunity to object, if they so desire.
2) In the presence of both counsel and the reporter, the Jury should be returned to the box, and the Court, after cautioning them not to reveal the numerical division in the voting or which side has the preponderance, should ask the jury leader if they are unable to reach a verdict. If the Jury is at an impasse, the Court may give this instruction and return them to the jury room to deliberate further.
2011 NDJI CRIMINAL K - 14.00
Fleeing or Attempting to Elude a Peace Officer
The driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop, is guilty of fleeing or attempting to elude a peace officer.
ESSENTIAL ELEMENTS OF THE OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [City] [County], North Dakota;
2) The Defendant, _______________, drove a motor vehicle; and
3) Willfully failed or refused to bring the vehicle to a stop or otherwise fled or attempted to elude, in any manner, a pursuing police vehicle or peace officer, when given a visual or audible signal to bring the vehicle to a stop.
4) The signal to stop must be perceptible to the driver and:
1) If given from a vehicle, the signal must be given by hand, voice, emergency light, or siren, and the stopping vehicle must be appropriately marked showing it to be an official police vehicle; or
2) If not given from a vehicle, the signal must be given by hand, voice, emergency light, or siren, and the officer must be in uniform and must prominently display the officer's badge of office.
DEFINITIONS
[Insert relevant definitions. NDCC 39-01-01.]
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NDCC 39-10-71
NOTE: If the Defendant was not a driver of a motor vehicle, please use Jury Instruction K-14.01, Refusing to Halt.
2011 NDJI-CRIMINAL K - 14.01
Refusing to Halt
Any person who willfully fails or refuses to stop or who otherwise flees or attempts to elude, in any manner, a pursuing peace officer, when given a visual or audible signal to stop is guilty of refusing to halt.
ESSENTIAL ELEMENTS OF THE OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month][day][year], in [City][County], North Dakota;
2) The Defendant, _______________________;
3) Willfully failed or refused to stop or otherwise fled or attempted to elude, in any manner, a pursuing peace officer, when given a visual or audible signal to stop; and
4) The signal to stop must be perceptible to the Defendant and:
a) If given from a vehicle, the signal must be given by hand, voice, emergency light, or siren, and the vehicle is appropriately marked showing it to be an official law enforcement vehicle; or
b) If not given from a vehicle, the signal must be given by hand, voice, emergency light, or siren, and the officer is in uniform and prominently displays the officer's badge of office.
DEFINITIONS
[Insert relevant definitions. NDCC §12.1-02-02]
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NDCC 12.1-08-11
NOTE: If the Defendant was a driver of a motor vehicle, please use Jury Instruction K-14.00, Fleeing or Attempting to Elude a Peace Officer.