Posted: November 18, 2024
Criminal Instructions – Comment Period Closes December 15th, 2024
The following instructions have been amended or created. The Committee requests public feedback on the proposed instructions:
CR1009 – Negligently Operating a Vehicle Resulting in Injury
Please reference the instruction(s) in your comments. Although these instructions are subject to a comment period, they are now ready for use. The Model Criminal Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate.
The statutes read, operates a vehicle in a “negligent manner causing” bodily injury or the death of another individual. The instructions separate this into “operated a vehicle in a . . . negligent manner” and “caused the death of another.” The instructions could be read not to require that the negligent operation caused the death of another.
I have seen a court provide an instruction that puts this portion of the statute as one element: “operated a vehicle in a negligent manner causing the death of another.” It could also be separated as follows:
a. Operated a vehicle in a negligent manner; and
b. This negligence caused the death of another