The Utah Judicial Council invites comments to the following model criminal jury instructions. The comment period expires Sunday, July 19, 2020, at 5:00 p.m. Although these instructions are subject to a comment period, they have been approved by the Committee on Model Utah Criminal Jury Instructions and are now ready for use. The instructions and special verdict forms have been posted to the MUJI website (final link at the bottom of this post). The Committee on Model Utah Criminal Jury Instructions will consider all comments made during the comment period and may revise the instructions as appropriate. The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Committee on Model Utah Criminal Jury Instructions, even after the comment period closes.
Summary of Approved Model Criminal Jury Instructions
REMOVED INSTRUCTIONS:
CR309A Accomplice Liability. (replaced by CR403A and CR403B)
CR309B Accomplice Liability. (replaced by CR403A and CR403B)
CR403 Party Liability. (replaced by CR403A and CR403B)
REVISED INSTRUCTIONS / COMMITTEE NOTES / REFERENCES:
CR109B Further Admonition About Electronic Devices. (revised language regarding post-trial investigations)
CR216 Jury Deliberations. (added additional citations to “References”)
CR411 404(b) Instruction. (revised in light of State v. Lane, 2019 UT App 86)
CR1003 Driving Under the Influence of Alcohol, Drugs, or Combination (MB) (as a result of HB0139-2020)
CR1004 Driving Under the Influence of Alcohol, Drugs, or Combination (MA) (as a result of HB0139-2020)
CR1005 Driving Under the Influence of Alcohol, Drugs, or Combination (F3) (as a result of HB0139-2020)
CR1404 Aggravated Murder Elements When Extreme Emotional Distress is at Issue. (substituted “[VICTIM’S NAME]” for “the victim”)
CR1601 Definitions. (added new committee note)
CR1607 Object Rape. (revised elements in light of State v. Heath, 2019 UT App 186 and removed a committee note)
CR1613 Aggravated Sexual Abuse of a Child. (added new committee note)
CR1615 Consent. (added and revised language in light of HB0213-2020; substituted “[VICTIM’S NAME][MINOR’S INITIALS]” for “the victim” in two instances)
CR1616A Conduct Sufficient to Constitute Sexual Intercourse for Unlawful Sexual Activity with a Minor, Unlawful Sexual Conduct with a 16 or 17 year old, or Rape. (revised instruction and added additional case law references)
NEW INSTRUCTIONS:
CR403A Party Liability – Elements. (replaces CR309A, CR309B, and CR403)
CR403B Party Liability – Definition. (replaces CR309A, CR309B, and CR403)
CR510 Defense of Habitation, Self or Others, Property – Reasonableness.
CR520 Definition of Habitation.
CR521 Defense of Habitation.
CR522 Defense of Habitation – Presumption.
CR523 Defense of Habitation – Prosecutor’s Burden.
CR530 Defense of Self or Other.
CR531 Defense of Self or Other – Imminence.
CR532 Defense of Self or Other – Prosecution’s Burden.
CR533 Defense of Self or Other – No Duty to Retreat.
CR540 Use of Force in Defense of Property.
CR1001 Preamble to Driving Under the Influence Instructions.
CR1003 Driving Under the Influence of Alcohol, Drugs, or Combination (MB)
CR1004 Driving Under the Influence of Alcohol, Drugs, or Combination (MA)
CR1005 Driving Under the Influence of Alcohol, Drugs, or Combination (F3)
CR1301 Definitions for Assault and Related Offenses.
CR1302 Misdemeanor Assaults.
CR1303 Assault Against School Employees.
CR1304 Assault Against a Peace Officer
CR1305 Assault Against a Military Servicemember in Uniform.
CR1306 Assault by a Prisoner.
CR1320 Aggravated Assault.
CR1321 Aggravated Assault by a Prisoner.
CR1322 Aggravated Assault – Targeting Law Enforcement Officer.
CR1330 Domestic Violence – Special Verdict Definitions.
CR1331 Domestic Violence – Special Verdict Instructions.
CR1411 Murder.
CR1450 Practitioner’s Note: Explanation Concerning Imperfect Self-Defense.
CR1451 Explanation of Perfect and Imperfect Self-Defense as Defenses.
CR1452 Special Verdict Form – Imperfect Self-Defense.
NEW SPECIAL VERDICT FORMS:
SVF1001 Driving Under the Influence Offenses.
SVF1301 Assault Offenses.
SVF1331 DV – Cohabitant.
SVF1450 Imperfect Self-Defense.
REVISED SPECIAL VERDICT FORMS:
SVF1001 Driving Under the Influence Offenses. (revised as a result of HB0139-2020)
SVF1613 Aggravated Sexual Abuse of a Child. (added new committee note)
How to view the text of these Model Utah Criminal Jury Instructions
To view these jury instructions and submit comments, click on this link http://legacy.utcourts.gov/utc/muji-comment/2019/08/07/criminal_20200603/, then click on the relevant link(s) in the post.
How to submit comments
You can comment by entering your comment in the box and clicking “Post Comment.” Please include the instruction number at the beginning of the comment, and your name at the end of the comment. You may view other comments simply by scrolling down. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.
How to view Model Utah Jury Instructions (both civil and criminal) published for comment
Visit https://legacy.utcourts.gov/utc/muji-comment/.
How to view the work of the Committee on Model Criminal Jury Instructions
Visit http://legacy.utcourts.gov/committees/muji-criminal/ and https://legacy.utcourts.gov/resources/muji/index.asp.