The Ninth Circuit has posted revisions to its
Model Jury Instructions.
The criminal changes are as follows:
The Comment to Instruction 1.1 (Duty of Jury) now asserts that "[t]he The presence of even one biased juror deprives the accused of a fair trial. This is true even if the biased juror is an alternate. United States v. Colar, 182 F.4th 1110, 1116-17 (9th Cir. 2026)."
The second and third paragraphs of Instruction 3.9 (Testimony of Witnesses Involving Special Circumstances—Immunity, Benefits, Accomplice, Plea) are modified with the phrase "might receive or has received." The Comment explains that this is to cover circumstances where the benefit occurs in the future.
The Comment to Instruction 6.25 (Deadlocked Jury) now cites United States v. Chapman, 175 F.4th 1118 (9th Cir. 2026), regarding juries who tell the judge the numerical breakdown.
The Comment to Instruction 11.8 (Solicitation to Commit a Crime of Violence (18 U.S.C. § 373)) now asserts that Murder-for-hire is not categorically a crime of violence even if death
results.
The Comment to Instruction 14.15 (Firearms—Unlawful Possession (18 U.S.C. § 922(g))) now notes United States v. Hemani, 608 U.S. 772 (2026).
Instruction 17.1 (Kidnapping (18 U.S.C. § 1201(a)(1))) now defines "inveigle."The Comment now cites United States v. Chapman, 175 F.4th 1118, 1128 (9th Cir. 2026).