Jury Instructions for the Modern Age After the closing arguments, you will go to the jury room to decide the case, answer the questions that are attached, and reach a verdict. You may discuss the case with other jurors only when you are all together in the jury room. Remember my previous instructions: Do not discuss the case with anyone else, either in person or by any other means. Do not do any independent investigation about the case or conduct any research. Do not look up any words in dictionaries or on the Internet. Do not post information about the case on the Internet. Do not share any special knowledge or experiences with the other jurors. Do not use your phone or any other electronic device during your deliberations for any reason. [I will give you a number where others may contact you in case of an emergency.]412
In addition to the civil jury instructions promulgated by the Texas Supreme Court, the Texas Bar Association has published compilations of civil instructions in four areas: business, consumer, insurance, and employment law; family law; general negligence and intentional personal torts; and malpractice, and premises and products liability.413 The Texas Bar’s current instructions are older versions of the instructions created by the courts, and have not been updated to include mentions of the Internet and social media.414
Criminal Instructions The Texas State Bar recently began compiling an unofficial collection of Criminal Pattern Jury Charges, of which two volumes – on defenses and intoxication and controlled substances – have been published.415 Previously, the Texas District & County Attorneys Association had compiled its own unofficial collection of instructions on offenses under the Texas Penal Code.416 Neither of these compilations contain any instructions regarding juror communications or research. Such an instruction is also missing from the privately-published Texas Criminal Jury Charges, the most comprehensive collection of the state’s instructions in criminal cases.417
Utah – Civil: Modern; Criminal: Modern Utah’s Supreme Court is in the process of creating sets of civil and criminal jury instructions with the court’s official imprimatur.418 As each individual provision of the civil instructions is adopted by the court’s advisory committee, it replaces a provision in a set of civil instructions compiled by the Utah State Bar, which had been the accepted compilation in the state.419 The court’s criminal instructions, meanwhile, are the first such compilation in the state. 412. Id. at 8. 413. See Texas Bar Books, Texas Pattern Jury Charges, http://texasbarbooks.net/texas-pattern-jurycharges/. See also H.E. Butt Grocery Co. v. Bilotto, 928 S.W.2d 197, 199 (Tex. App.–San Antonio 1996) (“Although we are aware that the Texas Pattern Jury Charges are not “law”, they are heavily relied upon by both the bench and bar.”), aff ’d, 985 S.W.2d 22 (Tex. 1998). 414. See Comm. on Pattern Jury Charges, State Bar of Tex., Pattern Jury Charges: Business, Consumer, Employment, Tex. Pattern Jury Instr. 100.1, 100.2, 100.6 (2000). 415. Id. 416. See Texas Dist. & County Attys. Ass’n., Jury Charges [Penal Code], http://www.tdcaa.com/jury_ charges/penal_code. The group also compiled instructions on punishment provisions; criminal procedure; health and safety; and the Texas Transportation Code. See Texas Dist. & County Attys. Ass’n., Jury Charges, http://www.tdcaa.com/jury_charges. 417. See Elizabeth Berry & George Gallagher, Texas Criminal Jury Charges (2009). 418. Model Utah Jury Instrs. [MUJI 2d], Introduction (2d ed. 2011), http://www.utcourts.gov/resources/muji/index.asp. 419. The Utah Bar’s civil instructions, Model Utah Jury Instrs., 1st ed. [MUJI 1st], are available at http://www.utcourts.gov/committees/muji/Civil%20MUJI.doc.
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Volume 1, Issue 3