Jury Instructions for the Modern Age keep your mind free of outside influences so that your decision will be based entirely on the evidence presented during the trial and on my instructions to you about the law. Until you are dismissed at the end of this trial, you must avoid outside sources such as newspapers, magazines, the internet, or radio or television broadcasts which may discuss this case or issues involved in this trial. By giving this instruction I do not mean to suggest that this particular case is newsworthy; I give this instruction in every case. During the trial, do not try to determine on your own what the law is. Do not seek out any evidence on your own. Do not consult any reference materials, such as dictionaries and the like. Do not inspect the scene of any event involved in this case. If your ordinary travel will result in passing or seeing the location of any event involved in this case, do not stop or try to investigate. Throughout the trial, you must maintain an open mind. You must not form any firm and fixed opinion about any issue in the case until the entire case has been submitted to you for deliberation. As jurors, you are officers of this court. As such, you must not let your emotions overcome your rational thought process. You must reach your decision based on the facts proved to you and on the law given to you, not on sympathy, prejudice, or personal preference. To assure that all parties receive a fair trial, you must act impartially with an earnest desire to reach a just and proper verdict. To accomplish a fair trial takes work, commitment, and cooperation. A fair trial is possible only with a serious and continuous effort by each one of us. Thank you for your willingness to serve this court and our system of justice.439
The admonition against accessing outside information is repeated in the pre-recess instruction. During this recess, and every other recess, do not discuss this case among yourselves or with anyone else, including your family and friends. Do not allow anyone to discuss the case with you or within your hearing. Do not read any newspaper or other written account, watch any televised account, listen to any radio program, or consult any other outside sources, including the internet, about this case or its general subject matter. You must keep your mind open and free of outside information. Only in this way will you be able to decide the case fairly based solely on the evidence and my instructions on the law.440
Other In accordance with the Supreme Court’s recommendation that jurors be warned against independent research as soon as possible, the juror’s guide given to all jurors in the state at the start of jury duty includes the following language: Some do’s and don’ts During trial: 6. DON’T talk about the case, or issues raised by the case with anyone-- including other jurors--while the trial is going on, and DON’T let others talk about the case in your presence, even family members. If someone insists on talking to you or another juror about the case, please report the matter to a court employee. These rules are designed to help you keep an open mind during the trial. 7. DON’T talk to the lawyers, parties, or witnesses about anything. This will avoid the impression that something unfair is going on. 8. DON’T try to uncover evidence on your own. Never, for example, go to the scene of an event that was part of the case you are hearing. You must decide the case only on the basis of evidence admitted in court. 439. 11 Wash. Prac., Pattern Jury Instr. Crim. [WPIC] 1.01 (3d ed. 2008), available via http://government.westlaw.com/linkedslice/default.asp?SP=wcrji-1000. 440. WPIC 4.61 (2008), available via http://government.westlaw.com/linkedslice/default. asp?SP=wcrji-1000. Reynolds Courts & Media Law Journal
401