When
this trial began, I told you about the charges that were contained in the
indictment. I also explained that the
indictment is not evidence but merely a written document that brings the
charges before a jury so that the jury can decide whether the defendant has
been proven guilty beyond a reasonable doubt.
As
the judge of the law, it is my responsibility to review those charges with the
attorneys at the end of the case to decide which charges will be submitted to you
for deliberation. Sometimes, as a matter
of law, I may determine that not every charge within the indictment should be
submitted to you; at other times, as a matter of law, I may determine that
certain charges not originally within the indictment should be submitted to you
for your deliberations.
[CHARGE IF APPROPRIATE]
Here,
I have ruled that the original charge[s] of will not be submitted to you for
consideration.[2]
[CHARGE IF APPROPRIATE]
Here,
I have ruled that the charge[s] of should be submitted to you for
consideration. You are to deliberate on
this charge as though it were within the original indictment. I will explain the elements of this charge
and the charges originally contained in the indictment later in my
instructions.
You
should not consider my ruling as an opinion by the Court on the merits of any
of the charges that you must consider.
My ruling on this charge [these charges] was based on matters of law and
should not influence your deliberations.
You are not to consider for any purpose in arriving at your verdict, the
fact that the Court may have [added] [deleted] charges for your
deliberation. You must decide whether
the State has proven the guilt of the defendant on each charge submitted to you
by the evidence, which is relevant and material to that particular charge based
on final instructions of the law that I will give you after the attorneys have
completed their summations.
I
have told you about this ruling now, so that, if the attorneys refer to my
ruling during summations, you will understand the reference more clearly.
[PROCEED TO DEFENSE CASE OR SUMMATIONS]
[1] This
instruction should be given after the charge conference but before summations
so that the jury may better understand closing arguments that mention added or
dismissed offenses.
[2] Although
the law is not settled, it may be proper in some cases to grant a defendant’s
request to advise the jury that the Court has granted a Judgment of Acquittal
on one or more offenses charged in the indictment.