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A roundup of recent additions and revisions to state jury instructions

Arizona has posted proposed a new Medical Negligence Emergency Instruction and revisions to its Product Liability Instructions.

California posts supplements to its criminal and civil instructions during the course of the year, and at some point integrates the supplements into an official edition. The 2020 edition of the California Civil Jury Instructions (CACI) has been posted. The 2019 edition and supplements (which list the changed sections) are archived here. The criminal instructions have not yet been integrated into a 2020 edition.

Colorado publishes new editions of its model criminal jury instructions from time to time. The current edition is dated 2018. The Committee's Reporter posts a "Reporter's Online Update" during the interim period that developments in relevant case law. The current report is dated December 19, 2019.

Florida issued orders on December 19, 2019, deleting Standard Criminal Instruction 3.3(b) (Aggravation of Felony by Carrying a Weapon), and revising 3.3(a) (Aggravation of a Felony by Carrying a [Firearm] [Weapon]), 3.6(f) and (g) (Justifiable Use or Threatened use of Force), 7.3, 7.5, 7.6 (Felony Murder), 10.7(a), (b), and (c) (Possessing, Throwing, Making, Placing, Projecting or Discharging a Destructive Device), 10.13 (Shooting or Throwing a [Missile] [Stone] [Hard Substance] [at] [within] [into] a[n] [Building] [Vehicle] [Vessel] [Aircraft]), 10.18 (Altered Firearm Serial Numbers), 22.5-22.11 (Gambling Businesses), and 26.2-26.8 (RICO). The current instructions are linked here.

In December 2019 New York:

  • modified the "Delay in Arraignment" section of of its Confessions instruction
  • Added a section to the Credibility charge regarding "A Judge Found Witness Testified Falsely"
  • Added the following Penal Law instructions: 176.75 [Staging A Motor Vehicle Accident in the Second Degree]; 176.80 [Staging A Motor Vehicle Accident First Degree]; 205.19 [Absconding from a Community Treatment Facility]; 221.10 [Unlawful Possession of Marihuana in the Second Degree]; 230.11 [Aggravaed Patronizing a Minor for Prostitution in the Third Degree]; 230.12 [Aggravated Patronizing a Minor for Prostitution in the Second Degree]; 230.13 [Aggravated Patronizing a Minor for Prostitution in the First Degree]; 240.10 [Unlawful Assembly]; 245.15 [Unlawful Dissemination or Publication of an Intimate Image]; 265.01-c [Criminal Possession of a Rapid-Fire Modification Device]; 265.45 [Failure to Safely Store Rifles, Shotguns, and Firearms in the first degree]; 265.55(2) [Criminal Possession of an Undetectable Firearm, Rifle or Shotgun];
  • Revised or modified these Penal Law instructions: 165.15(3) (Theft); 170.40(1) and 170.75 (Forgery); 205.17 (Escape); 496.02-03-04-05 (Government Corruption); and the Extreme Emotional Disturbance defense (to conform to a statutory change).

Oklahoma modified its criminal instructions in 2019 regarding CRIMES AGAINST CHILDREN, DEFENDANT'S SELF-REPRESENTATION, AND TRANSFERRED INTENT. The revised instructions are linked here.

Utah revised Model Criminal Instruction CR1320 (Aggravated Assault) in October 2019, and Model Criminal Instruction CR1322 (Aggravated Assault—Targeting Law Enforcement Officer) in December 2019.

The Vermont Bar Association's Model Criminal Instructions page notes instruction and a reporter's note for aggravated animal cruelty.

(12/24/19) (permalink)

 
 
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