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Bar News - January 15, 2014


Draft Criminal Jury Instructions

The following is a list of criminal jury instructions that were released in “unofficial draft” form 10 years ago. While there has been no update to the 260 pages of instructions since they were published in 2003 at the request of the NH Superior Court, many bar members have found the unofficial draft instructions to be a helpful starting point in proposing jury instructions in court.

The task force that released the draft instructions is not currently meeting, and the instructions are still considered a “work-in-progress.” As such, they do not carry the imprimatur of the NH Bar Association and are intended to serve as model instructions applicable in the spectrum of criminal cases that may arise under New Hampshire law.

The complete instructions can be found in the Legal Links area of the Bar’s website. Also available is a previous version, from 1985.

I. GENERAL INSTRUCTIONS
Cameras in the Courtroom
Causation
Conduct of the Jury (Preliminary Instruction)
Conduct of the Jury (Court Recess)
Confessions or Admissions
Corroboration of Confession
Credibility of Witnesses
Testimony of Informants, accomplices, immunized witness, a child.
Deadlocked Jury
Definition of a Crime
Direct and Circumstantial Evidence
Duty to Deliberate
Evidence in the Case
Expert Testimony
Function of the Court and Jury
Identification
Indictment is Not Evidence
Judicial Notice
Jury Recollection Controls
Lesser Included Offenses (Standard and special instruction)
Mental States – Purposely, knowingly, recklessly or negligently
Number of Witnesses
Outline of Trial
Possession
Possible Punishment Not Relevant
Stipulations
II. CRIMES
Indirect Criminal Contempt
Pistols and Revolvers - Felon in possession
Protection from Domestic Violence
Alcoholic Beverages - Prohibited sales
Drivers Licenses - Operating after revocation or Suspension
Disobeying an Officer
Rules of the Road
Aggravated DWI, instructions pertaining to driving motor vehicle not equipped with alcohol ignition interlock device.
Controlled Drug Act
Possession, purchase, sale.
Inchoate Crimes
Attempt, criminal solicitation, conspiracy.
Homicide
Capital murder, First Degree murder; Second Degree Murder; Manslaughter; Negligent Homicide; Causing or Aiding Suicide.
Assault and Related Offenses
First degree assault; second degree assault, reckless conduct; criminal threatening.
Sexual Assault and Related Offenses Interference With Freedom
Kidnapping, Criminal Restraint, False Iimprisonment, Stalking, Interference with custody (felony or misdemeanor.)
Destruction of Property
Arson (Misdemeanor, arson in occupied structure, historic structure or for insurance; danger of death or serious bodily injury, damage or over $1000; criminal mischief (felony or misdemeanor).
Unauthorized Entries Burglary (Class A Felony) Theft
By Unauthorized Taking or Transfer, extortion.
Theft by Extortion (Class B Felony Regardless of Value of Property)
Theft by Extortion (Level of Offense Depends on Value of Property)
Fraud
Forgery, Fraudulent Handling of Recordable Writings, tampering with records, bad checks, credit card fraud, misapplication of property by a fiduciary or government official or institution.
Offenses Against the Family
Bigamy, Incest, Endangering the Welfare of Child, Non-Support, Concealing Death of a Newborn
Corrupt Practices
Bribery, Improper Influence, Compensation for Past Acts, Gifts to Public Servants, Compensation for Services, Purchase of Public Office
Falsification in Official Matters
Perjury, False Swearing, Unsworn Falsification, False Reports to Law Enforcement,
Tampering With Witnesses and Informants, Tampering With Witnesses and Informants, Falsifying Physical Evidence, Falsifying Physical Evidence, Tampering With Public Records
False Filing With the Director of Charitable Trusts
Obstructing Governmental Operations
Obstructing Governmental Operations, resisting arrest, hindering apprehension or prosecution, aiding criminal activity, compuounding, escape, bail jumping, assault by prisoner.
Abuse of Office
Official Oppression, Misuse of Information
Breaches of the Peace and Other Offenses
Engaging in or assembling for purpose of a riot, disorderly conduct, False Public Alarms,
Harassmen, Abuse of Corpse, Exhibitions of Fighting Animals, Cruelty to Animals,
Willful Concealment, Shoplifting.
Public Indecency
Indecent Exposure and Lewdness (Misdemeanor or Felony), Solicitation, Prostitution
Computer Pornography and Child Exploitation Prevention
Obscene Matter
Sexual Offender Registration
III. DEFENSES
Intoxication
Effect of Ignorance or Mistake
Insanity

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