Reference from Coast to Coast - What is the Law - Finding Jury Instructions
By Jan Bissett and Margi Heinen, Published on November 15, 2000
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Requests for jury instructions have recently been the subject of "help" messages on several law library discussion lists. Many law librarians and legal researchers find themselves hunting for jury instructions in foreign jurisdictions without a clear strategy for locating them. We understood these cries for help once we began to look closely at the availability of jury instructions outside our state. Surprisingly, there are no comprehensive lists of titles nor links to help us in our search for state jury instructions. This column provides titles and sources we've discovered in our search. We have included lists of and links to state jury instructions - usually the standard, model or pattern instructions. These instructions describe the applicable law or give direction concerning the law of a case to persons serving on juries. Their language tends to be closer to "plain English" with laws or rules described concisely. Many jurisdictions, state and federal, have instructions which must be used or substantially followed by the trial judge. 1
Jury instructions
are often not requested until that hectic time immediately before or
during trial and can be more than just standardized forms submitted to the
judge. A need for jury instructions is often expressed as a deceptively
simple request but may in fact require sophisticated research. If the
requestor seeks only the "standard" jury instructions approved
by a court committee, some of our familiar bibliographic tools work well.
Legal Looseleafs in Print (Infosources Publishing) and OCLC's FirstSearch
(using "instructions to juries" as a subject term) provided the
most results. Many of these cataloging records were dated - some records
still listing Lawyers Coop. and other pre-merger publishers. Searching
your local law library's web catalog using a key word search "jury
instruction" will probably net some of the best known sources such as
Pattern Jury Instructions (either criminal or civil; West Group) for the
federal circuit courts or Federal Jury Practice and Instructions: Civil
and Criminal, (4th edition by DeVitt, new 5th edition by O'Malley; West
Group). This search may also find state jury instructions within your
local library collection.
Many a researcher
needs not a collection of jury instructions, but an instruction on a
specific, often narrow, point of law. These materials can be much more
difficult to locate. You may have the standard instructions for your
jurisdiction, only to find nothing within that source on your desired
topic. In some jurisdictions an attempt is made to collect additional jury
instructions. For example, in Michigan we have both standard and
nonstandard jury instructions publications (Michigan Standard Jury
Instructions, Civil, ICLE; Michigan Nonstandard Jury Instructions, Civil
and Criminal, West Group). In different states you may have to focus on
topical jury instructions from other sources. The ABA or its practice
sections have many subject related model jury instruction titles. Indexmaster
allows searching of the index and table of contents of thousands of print
sources. A subscription, based on a sliding scale according to firm size,
is required for access. This searching is a great way to "drill
down" into print materials for elusive instructions. As a last resort
you may have to search case law. In some circumstances, a jury instruction
appears in full text within a case when there is controversy about
appropriate instructions. Lexis® or Westlaw® may be the most efficient
resource in researching these cases. Occasionally you may find jury
instructions from well publicized trials on the world wide web or other
electronic sources. The jury
instructions used by Judge Lance Ito in O.J. Simpson's trial are found
at the 'Lectric Law Library.
But, what of world wide web or electronic coverage of jury instructions in general? Your heightened expectations will soon be deflated. Findlaw provides links to federal courts' instructions. Using a search engine like Google will lead you to a number of jury instructions on the web. For instance, many of the federal circuits are now providing jury instructions at their sites (http://www.ca8.uscourts.gov/coa/publs/publs.htm gets you directly into the 8th circuit instructions). There are also several web sites that link to selected jury instruction material: URLAW Legal Research Center: State and Federal Jury Instructions offers selected civil and criminal, state and federal instructions links. Links may be to the publisher of instructions, others to the full text. The Jury Instructions Forms Book from U.S. Legal Forms is a listing of individual jury instructions that you can purchase (most cost $5.00). These instructions tend to be "generic" concerning specific topics, such as "capacity to contract", rather than state specific language. NetLaw Libraries' California Civil Jury Instructions in full text are located within the "Guest Services" link. (Note the "Terms of Use" section describing acceptable use of these documents). A Google search also yields several law library jury instruction research or bibliographic guides. Albany Law School provides references to bibliographies and specific sources from their library. Another example is Denise Gibson's Jury Instructions, with an emphasis on Florida materials. These guides will direct the researcher to standard or "pattern" jury instructions for a specific court or jurisdiction on a number of topics. They may also reference instructions by subject matter. Lexis® and Westlaw® provide coverage in selected states usually coinciding with their print counterparts available from Lexis Publishing™ or West Group.
The following state jury instruction titles were compiled from OCLC's FirstSearch, Legal Looseleafs In Print, 2000 ed., Lexis Publishing™ and West Group's websites.
Alabama
Alabama pattern jury instructions-Civil. West Group
Pattern jury instructions - Criminal. Alabama Bar Institute for
Continuing Legal Education, [and] Administrative Office of Courts,Third
edition.
Alaska
Alaska pattern civil jury
instructions,
Alaska Bar Association
Alaska pattern jury instructions
(criminal),
Alaska Bar Association
Arizona
Revised Arizona jury instructions (Civil). State Bar of Arizona
Revised Arizona jury instructions (Criminal). State Bar of Arizona
RAJI-Criminal (Revisions only)
Arkansas
Arkansas Model Jury Instructions- Civil. West Group
Arkansas Model Jury Instructions- Criminal. Lexis Law Publishing (Michie)
California
California jury instructions, civil: book of approved jury instructions
(BAJI). West Group
BAJI,
Newlawlibraries.com
California jury instructions, criminal: (CALJIC). West Group
Colorado
Colorado Jury Instructions-Civil. West Group
Colorado Jury Instructions-Criminal. West Group
Connecticut
Criminal Jury Instructions [Connecticut Practice Series, v. 5]. West
Group
Delaware
Pattern
jury instructions for civil practice in the Superior Court of the State of
Delaware.
Delaware : Review Committee
District of
Columbia
Standardized civil jury instructions for the District of Columbia.
Bar Association of the District of Columbia, Rev. ed.
Criminal jury instructions. Bar Association of the District of
Columbia
Florida
Florida Forms of Jury Instruction. Matthew Bender
Florida Standard Jury Instructions in Civil Cases. Florida Bar
Florida Standard Jury Instructions in Criminal Cases. Florida Bar
Statewide
Jury Instructions, Ninth Judicial Circuit Court.
Georgia
Suggested pattern jury instructions Athens, Ga.: Carl Vinson
Institute of Government, University of Georgia,: v. 1. Civil cases, 3d ;
v. 2 Criminal Cases, 2d
Hawaii
Hawaii civil
jury instructions. Supreme Court of the State of Hawaii
Hawaii standard jury instructions. Criminal. Supreme Court of the
State of Hawaii
Idaho
Idaho
civil jury instructions. Idaho Law Foundation
Idaho criminal jury instructions. Idaho Law Foundation
Iowa
Iowa civil jury instructions. Iowa State Bar Association
Iowa criminal jury instructions. Iowa State Bar Association
Illinois
Illinois Forms of Jury Instructions. Matthew Bender
Illinois Non-Pattern Jury Instructions. West Group
Illinois Pattern Jury Instructions-Criminal. West Group
Indiana
Indiana Non-Pattern Jury Instructions. West Group
Indiana Pattern Jury Instructions, Criminal. West Group
Kansas
Pattern instructions, Kansas 3d-civil. West Group
Pattern instructions for Kansas, criminal 3d / Topeka, KS : The
Committee
Kentucky
Kentucky instructions to juries: a text on the law relating to
instructions to juries in civil and criminal cases: with forms of
instructions and notes of cases bearing on such instructions. Anderson
Pub. Co.
Louisiana
Louisiana Civil jury instructions [Louisiana civil law treatise series
]. West Group
Louisiana Criminal jury instructions [Louisiana civil law treatise
series ]. West Group
Maine
Maine Jury Instruction Manual. Lexis Law Publishing (Michie)
Maryland
Maryland Civil Jury Instructions and Commentary. Lexis Law
Publishing (Michie)
Maryland Criminal Jury Instructions and Commentary. Lexis Law
Publishing (Michie)
Bernan's Case Summaries, Maryland Jury Instructions. Bernan
Associates
Massachusetts
Massachusetts Jury Instructions, Civil. Lexis Law Publishing (Michie)
Michigan
Michigan criminal jury instructions. Institute of Continuing Legal
Education
Michigan nonstandard jury instructions [v.1 Civil-- v.2 Criminal].
West Group
Michigan standard jury instructions, civil. Institute of Continuing
Legal Education
Minnesota
Criminal
Jury Instructions
Minnesota jury instruction guides: civil (CIVJIG), [Minnesota
practice]. West Group
Minnesota jury instruction guides, criminal (CRIMJIG) [Minnesota
practice ]. West Group
Mississippi
Mississippi model jury instructions: civil [and] criminal. West
Group
Missouri
Missouri approved jury instructions (MAI). West Group
Missouri approved instructions, criminal (MAI-CR). Supreme Court of
Missouri.
Montana
Civil Jury Instructions, Montana, State Bar of Montana
Nebraska
Nebraska jury instructions, second edition. West Group
Nevada
Nevada pattern jury instructions: civil. Michie, 1986 [OCLC entry,
not found at Lexis
Publishing™]
New Hampshire
New Hampshire civil jury instructions. Lexis Law Publishing (Michie)
New Jersey
Model
jury charges, civil. New Jersey Supreme Court.
Model
jury charges, criminal. New Jersey Supreme Court.
New Mexico
New Mexico uniform jury instructions. Michie [OCLC entry, not found
at Lexis
Publishing™]
New York
New York pattern jury instructions-civil. West Group
Criminal jury
instructions, New York :CJI. New York : Office of Court
Administration
North Carolina
North Carolina pattern jury instructions for civil cases. North
Carolina Conference of Superior Court Judges.
North Carolina pattern jury instructions for criminal cases. North
Carolina Conference of Superior Court Judges.
North Dakota
North Dakota pattern jury instructions, civil. State Bar
Association of North Dakota
North Dakota pattern jury instructions, criminal. State Bar
Association of North Dakota
Ohio
Ohio jury instructions: a collection of standard jury instructions in
civil and criminal cases. Anderson Pub. Co.
Oregon
Oregon jury instructions for civil cases. Oregon State Bar
Oregon jury instructions for criminal cases. Oregon State Bar
Oklahoma
Oklahoma
Uniform Jury Instructions
Uniform jury instructions, civil. West Group
Uniform jury instructions, criminal. West Group
Pennsylvania
Pennsylvania Suggested Standard Civil Jury Instructions,
Pennsylvania Bar Institute
Pennsylvania Suggested Standard Criminal Jury Instructions,
Pennsylvania Bar Institute
Rhode Island
Model civil jury instructions for Rhode Island. Rhode Island Bar
Association
South Carolina
Jury Instructions for Criminal Case in South Carolina: Defendants'
Requested Instructions. South Carolina Bar
Ervin's South Carolina requests to charge-civil. South Carolina Bar
Ervin's South Carolina requests to charge-criminal. South Carolina
Bar
South Dakota
South Dakota pattern jury instructions: civil. State Bar of South
Dakota
South Dakota pattern jury instructions: criminal. State Bar of South
Dakota
Tennessee
Tennessee pattern jury instructions. Civil: (T.P.I. 3--Civil) West
Group
Tennessee pattern jury instructions. Criminal: (T.P.I.--Crim.) West
Group
Texas
Texas pattern jury charges-[various topics]. State Bar of Texas
Texas criminal jury charges . James Publishing
Utah
Model Utah Jury Instructions, Civil. Lexis Law Publishing (Michie)
Vermont
Vermont Jury Instructions, Civil and Criminal. Lexis Law Publishing
(Butterworth)
Virginia
Virginia Model Jury Instructions, Civil. Lexis Law Publishing (Michie)
Virginia Model Jury Instructions, Criminal. Lexis Law Publishing (Michie)
Washington
Washington pattern jury instructions - Civil. Washington Practice
Series. West Group
Washington pattern jury instructions - Criminal. Washington
Practice Series. West Group
West Virginia
Instructions for Virginia and West Virginia. Lexis Law Publishing (Michie)
[1987]
Wisconsin
See Reader Comments below
Wyoming
Wyoming civil pattern jury instructions. Wyoming State Bar
Wyoming pattern criminal jury instructions. Wyoming State Bar
[1] Black's Law Dictionary, 6th ed. "Jury Instructions"
Reader Comments
From: Elaine
Sharp
Subject: Jury instruction article: WI omission
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The recent article on Jury Instructions at:
http://www.llrx.com/columns/reference19.htm
doesn't include 3 Wisconsin titles
Wisconsin jury instructions, civil
Wisconsin jury instructions, criminal
Wisconsin jury instructions, children
All are available from: UW Law School--CLEW, 975 Bascom Mall Room 234B,
Madison, WI 53706-1399
Phone: 608-262-3833
