Model Criminal Jury Instructions

1 Model Criminal jury InstructionsMichigan Supreme CourtWe are pleased to provide an electronic copy of the Criminal jury Instructions presently in use for Criminal trials. On January 1, 2014, by Administrative Order 2013-13, the Michigan Supreme Court created the Committee on Model Criminal jury Instructions . The committee is composed of attorneys and judges whose duty it is to ensure that the Criminal jury Instructions accurately inform jurors about the legal process in which they will participate and the law that they are to apply in an understandable, conversational, and unbiased manner. The Committee has authority to amend or repeal existing Instructions and to adopt new Instructions . Although the Instructions do not have the force and effect of a court rule, their use is required by MCR (D) unless the court determines that an instruction does not accurately reflect the state of the law, or circumstances of the case require a variance or additional members of the committee are:Reporter Samuel R.

2 Smith Hon. Joyce A. Draganchuk (Chair)Timothy A. BaughmanHon. Keith Edward BlackHon. Kathleen M. BrickleyHon. Michael C. BrownHon. Stacia J. BuchananHon. Terry L. ClarkLisa CoyleStephanie E. FarkasMichael G. FrezzaJohn Paul HuntMichael J. McCarthyJohn R. MinockMichael L. MittlestatTamara J. PhillipsMelissa A. PowellStephen T. RabautJerome SabbotaHon. Ronald J. Schafer Imran J. SyedMichael A. TesnerMichigan Model Criminal jury InstructionsTABLE OF CONTENTSCHAPTER 1 Instructions Before Trial1-1M Crim JI Preliminary Instructions to Prospective 1-2M Crim JI Selection of Fair and Impartial 1-3M Crim JI 1-4M Crim JI Juror Oath before Voir 1-5M Crim JI Introduction of Judge, Parties, Counsel, and 1-6M Crim JI Length of 1-7M Crim JI Health 1-8M Crim JI Reading of 1-9M Crim JI Presumption of Innocence, Burden of Proof, and Reasonable 1-10 CHAPTER 2 Procedural Instructions2-1M Crim JI Juror Oath Following 2-2M Crim JI Legal 2-3M Crim JI Trial 2-4M Crim JI Function of Court and 2-5M Crim JI Considering Only Evidence / What Evidence 2-6M Crim JI Interim Commentary by 2-7M Crim JI Judging Credibility and Weight of 2-8M Crim JI Questions Not 2-9M Crim JI Courts Questioning Not a Reflection of 2-10M Crim JI Questions by Jurors 2-11M Crim JI 2-12M Crim JI Disregard Out-of-Presence 2-13M Crim JI Jurors Not To Discuss 2-14M Crim JI 2-15M Crim JI Caution about Publicity in Cases of Public 2-16M Crim JI Sequestration of 2-17M Crim JI Jurors Not to Consider Information from Outside the 2-18M Crim JI Notetaking 2-20M Crim JI Notetaking Not 2-21M Crim JI Multiple Defendants Consider Evidence and Law As It Applies to Each 2-22 Michigan Model Criminal jury

3 InstructionsM Crim JI Defendant Represents Himself or 2-23M Crim JI Second 2-24M Crim JI Number of 2-25M Crim JI 2-26M Crim JI Instructions to Be Taken As a 2-27M Crim JI Deliberations and 2-28M Crim JI Maintaining an Open 2-29 CHAPTER 3 Composite Instructions3-1M Crim JI Duties of Judge and 3-3M Crim JI Presumption of Innocence, Burden of Proof, and Reasonable 3-4M Crim JI Defendant Not 3-6M Crim JI Defendant-Impeachment by Prior 3-7M Crim JI 3-8M Crim JI Summary of 3-10M Crim JI 3-11M Crim JI Multiple 3-13M Crim JI Less Serious 3-14M Crim JI Specific Intent [DELETED].. 3-15M Crim JI Time and Place (Venue).. 3-16M Crim JI Time and Place (Venue)- Criminal Sexual Conduct 3-17M Crim JI Deliberations and 3-18M Crim JI Replacement 3-20M Crim JI Deadlocked 3-21M Crim JI 3-22M Crim JI Communications with the 3-23M Crim JI 3-24M Crim JI Written or Electronically Recorded Instructions in the jury 3-25M Crim JI Single Defendant-Single 3-26M Crim JI Multiple Defendants-Single 3-27M Crim JI Single Defendant-Multiple Counts-Single Wrongful 3-28M Crim JI Single Defendant-Multiple Counts-More Than One Wrongful 3-29M Crim JI Multiple Defendants-Multiple Counts-Single Wrongful 3-30M Crim JI Multiple Defendants-Multiple Counts-More Than One Wrongful 3-31 Michigan Model Criminal jury InstructionsM Crim JI Verdict 3-32M Crim JI Verdict 3-33M Crim JI Verdict 3-34M Crim JI Verdict 3-35M Crim JI Verdict 3-36M Crim JI Verdict Form (Multiple Counts).

4 3-37M Crim JI Verdict Form (Insanity Defense).. 3-38M Crim JI Verdict Form (Lesser Offenses).. 3-39M Crim JI Verdict Form (Insanity Defense with Lesser Offenses).. 3-40M Crim JI Verdict Form (Single Count).. 3-41M Crim JI Verdict Form for Open 3-43 CHAPTER 4 Evidence4-1M Crim JI Defendant s Statements As Evidence Against the 4-2M Crim JI Confession Not Admissible Against 4-3M Crim JI Circumstantial 4-4M Crim JI Flight, Concealment, Escape or Attempted 4-5M Crim JI Prior Inconsistent Statement Used to Impeach 4-6M Crim JI Judicial 4-7M Crim JI 4-8M Crim JI jury View of 4-9M Crim JI 4-10M Crim JI Preliminary Examination 4-11M Crim JI Evidence of Other Offenses-Relevance Limited to Particular 4-12M Crim JI Evidence of Other Acts of Domestic 4-14M Crim JI Time-Optional Clarifying 4-15M Crim JI Special Venue Instruction-Felony Consisting of More Than One 4-16M Crim JI Tracking-Dog 4-17M Crim JI Fingerprint 4-18M Crim JI 4-19M Crim JI Drug Profile 4-20 CHAPTER 5 Witnesses5-1M Crim JI Witnesses-Impeachment by Prior 5-2 Michigan Model Criminal jury InstructionsM Crim JI Weighing Conflicting Evidence-Number of 5-3M Crim JI Witness Who Has Been Interviewed by a 5-4M Crim JI Witness as Undisputed 5-5M Crim JI Witness a Disputed 5-6M Crim JI Cautionary Instruction Regarding

5 Accomplice 5-7M Crim JI 5-8M Crim JI Character Evidence Regarding Credibility of 5-10M Crim JI Character Evidence Regarding Conduct of the 5-11M Crim JI Evidence of Other Acts of Child Sexual Abuse [renumbered M Crim JI in May, 2008].. 5-12M Crim JI Evidence of Other Acts of Domestic Violence [amended and renumbered MCrim JI in February, 2010].. 5-13M Crim JI Child 5-14M Crim JI Expert 5-15M Crim JI Police 5-16M Crim JI Prosecutor s Failure to Produce 5-17M Crim JI Agreement for Testimony / Possible 5-18M Crim JI Support Persons or 5-19M Crim JI 5-20 CHAPTER 6 State of Mind6-1M Crim JI General Intent-Intoxication Is Not a 6-2M Crim JI Intoxication As a Defense to a Specific Intent 6-3M Crim JI Diminished Capacity [DELETED].. 6-4M Crim JI Property Crimes: Mistake and 6-5M Crim JI Intent to Injure or 6-6M Crim JI Restitution Is Not a 6-7 CHAPTER 7 Defenses7-1M Crim JI Murder: Defense of Accident (Involuntary Act).

6 7-2M Crim JI Murder: Defense of Accident (Not Knowing Consequences of Act).. 7-3M Crim JI Lesser Offenses: Involuntary Manslaughter; Intentional Aiming of Firearm; Careless Discharge of a Firearm; Negligent 7-4M Crim JI Accident as Defense to Specific Intent 7-5M Crim JI Lack of Presence (Alibi).. 7-6M Crim JI Claim of 7-7 Michigan Model Criminal jury InstructionsM Crim JI 7-8M Crim JI Special Factors in Escape 7-10M Crim JI 7-11M Crim JI The Meanings of Mental Illness, Intellectual Disability and Legal 7-12M Crim JI Person Under the Influence of Alcohol or Controlled 7-14M Crim JI Legal Insanity; Mental Illness; Intellectual Disability; Burden of 7-16M Crim JI Definition of Guilty but Mentally 7-18M Crim JI Insanity at the Time of the 7-19M Crim JI Permanent or Temporary 7-20M Crim JI Use of Deadly Force in 7-21M Crim JI Duty to Retreat to Avoid Using Force or Deadly 7-23M Crim JI Rebuttable Presumption Regarding Fear of Death, Great Bodily Harm.

7 Or Sexual 7-25M Crim JI Use of Deadly Force in Defense of the 7-27M Crim JI Deadly 7-29M Crim JI Nondeadly Aggressor Assaulted with Deadly 7-30M Crim JI Burden of 7-31M Crim JI Defense of Others-Deadly 7-32M Crim JI Use of Nondeadly Force in Self-Defense or Defense of 7-34M Crim JI Past Violence by Complainant or 7-35M Crim JI Self-Defense Against Persons Acting in 7-36M Crim JI Self-Defense as Defense to Felon in Possession of a 7-37 CHAPTER 8 Aiding and Abetting and Accessory after the Fact8-1M Crim JI Aiding and 8-2M Crim JI Crime Primarily Intended [DELETED].. 8-4M Crim JI Separate Crime Within the Scope of Common Unlawful 8-5M Crim JI 8-6M Crim JI Mere Presence 8-7M Crim JI Accessory After the 8-8M Crim JI Difference Between Aider and Abettor and Accessory After the 8-9 CHAPTER 9 Attempt9-1M Crim JI 9-2M Crim JI Attempt As Lesser 9-3 Michigan Model Criminal jury InstructionsM Crim JI Impossibility No 9-4M Crim JI Abandonment As Defense to 9-5 CHAPTER 10 Conspiracy, Solicitation.

8 And Organized Crime10-1M Crim JI 10-2M Crim JI 10-3M Crim JI 10-4M Crim JI 10-5M Crim JI Case Must Be Considered as to Each 10-6M Crim JI Solicitation to Commit a 10-7M Crim JI Renunciation as a Defense to 10-8M Crim JI Racketeering-Conducting an 10-9M Crim JI Acquiring Interest in Racketeering Enterprise 10-13M Crim JI Use of Proceeds from 10-17M Crim JI Organized Retail Crime-Merchandise 10-21M Crim JI Organized Retail Crime-Possession of Stolen 10-23M Crim JI Organized Retail 10-24M Crim JI Organized Retail Crime-Telecommunications 10-26M Crim JI Organized Retail Crime-Telecommunications Service 10-27M Crim JI Gang-Motivated 10-28M Crim JI Encouraging Gang-Motivated 10-29M Crim JI Making Threats to Deter a Person from Assisting Another to Withdraw from Gang 10-30M Crim JI Threatening a Person to Retaliate for Withdrawing from Gang 10-31 CHAPTER 11 Weapons11-1M Crim JI Carrying Concealed 11-3M Crim JI Carrying a Pistol in a 11-4M Crim JI Carrying Concealed Weapon-Dangerous 11-5M Crim JI Definition of 11-7M Crim JI Definition of Pneumatic 11-8M Crim JI Definition of Dangerous Stabbing 11-9M Crim JI Definition of Dirk, Dagger, and 11-10M Crim JI Defense-Firearm Inoperable [DELETED].

9 11-11M Crim JI Defense-Defendant Unaware of 11-12 Michigan Model Criminal jury InstructionsM Crim JI Self-Defense Is Not a Defense to Carrying a Concealed 11-13M Crim JI Exemption-Hunting 11-14M Crim JI Exemption-Pistol Carried by 11-15M Crim JI Exemption-Weapon Carried in Home, Place of Business, or on Land Possessed by 11-16M Crim JI Exemption-Pistol Carried by Agent of 11-17M Crim JI Exemption-Antique 11-18M Crim JI Exemption-Licensed Pistol Carried for a Lawful 11-19M Crim JI Exemption-Pistol Carried En Route to Hunting or Target Shooting Area [DELETED].. 11-20M Crim JI Exemption-Short-barreled 11-21M Crim JI Going Armed with Firearm or Dangerous Weapon with Unlawful 11-22M Crim JI Definition of Knife and 11-23M Crim JI Definition of Dangerous 11-24M Crim JI Careless, Reckless, or Negligent Use of Firearm with Injury or Death 11-25M Crim JI Definition of 11-26M Crim JI Definition of Willfully and 11-27M Crim JI Intentionally Pointing a Firearm Without 11-28M Crim JI Discharge of Firearm While Intentionally Aimed Without 11-29M Crim JI Discharge of Firearm Causing Injury While Intentionally Aimed Without 11-30M Crim JI Reckless or Wanton Use of a 11-31M Crim JI Discharge of Firearm at Occupied Building [DELETED].

10 11-32M Crim JI Discharge of Firearm in Occupied Structure [DELETED].. 11-33M Crim JI Failure to Present Pistol for Safety 11-34M Crim JI Sale or Possession of a Pocket Knife Opened by a Mechanical 11-35M Crim JI Manufacture, Sale, or Possession of Prohibited 11-36M Crim JI Manufacture, Sale, or Possession of Short-barreled 11-38M Crim JI Definition of 11-39M Crim JI Definition of 11-40M Crim JI Definition of Offer to 11-41M Crim JI Possession of Firearm at Time of Commission or Attempted Commission of Felony (Felony Firearm).. 11-42M Crim JI Using Pneumatic Gun in Furtherance of Commission or Attempted Commission of Felony (Felony Firearm).. 11-44M Crim JI Felony 11-46M Crim JI Felony 11-47M Crim JI Aiding and Abetting Felony Firearm: Direct Participation [DELETED].. 11-48 Michigan Model Criminal jury InstructionsM Crim JI Aiding and Abetting Felony Firearm: Indirect Participation [DELETED].