The District Court has recently promulgated several new and revised Criminal Model Jury Instructions.
The new and revised instructions, with links embedded, are as follows:
New Instructions – added as of July 12, 2024
2.490 – When a Verdict Does Not Appear to Be Unanimous
5.750 – Operating Under the Influence While License Suspended for OUI (Bifurcated)
5.760 – Operating Under the Influence While License Suspended for OUI (Unbifurcated)
6.690 – Stalking in Violation of a Protection Order
7.170 – Disorderly Conduct – Voyeurism
7.580 – Tampering with Record for Use in an Official Proceeding/Attempt
8.450 – Identity Fraud by Possessing a Data Theft Device
New Instructions – added as of February 16, 2024
1.325: Defendant’s Absence Midtrial
3.920: Photographs and Evidence with Emotional Impact
Revised Instructions – added as of July 12, 2024
2.120 – Function of the Jury, What is Evidence, Credibility of Witnesses
- Revised to contain all of the language from former instruction 2.220, “What is Evidence; Stipulations. Judicial Notice,” eliminating any repetition between the two instructions.
- Added note regarding implicit bias instructions.
2.420 – Reducing the Jury, Selection of the Foreperson, and Sending out the Jury
- Added instruction and note regarding the selection and duties of the foreperson.
- Added distinct instructions for offenses that do and do not regulate the way in which a vehicle is operated. Added descriptive notes for each type of offense.
- Revised supplemental instructions pertaining to different types of vehicles. Added a supplemental instruction for electric bicycles.
5.400 – Operating Under the Influence of Drugs
- Added a supplemental instruction for cases in which the alleged drug is a prescription medication, as indicated in Commonwealth v. Wallace, 14 Mass. App. Ct. 358 (1982), where the Appeals Court found it was error not to allow the presentation of evidence that the defendant did not know and had no reason to know of the effects of his prescription medication.
- Added a supplemental instruction for the court to take judicial notice of G.L. c. 94C, § 21, requiring pharmacists to label prescriptions with their effects.
6.600 – Annoying and Accosting Persons
- Clarified language of elements.
- Added supplemental language for cases where the conduct alleged is threatening speech.
- Added to description of several elements.
- Added supplemental instruction for when the acts are based on speech alone.
- Updated flush and end notes.
- Added substantive descriptions of each element. Aligned elements with those of criminal harassment, as stalking is comprised of the five elements of criminal harassment with the additional element that the defendant made a threat to place the person in imminent fear of death or bodily injury. See Commonwealth v. Lehan, 100 Mass. App. Ct. 246 (2021)
- Added same supplemental instruction for cases where act is based on speech alone.
- Added supplemental instruction for when threat is made indirectly.
- Updated and added to flush and end notes.
8.420 – Identity Fraud by Posing as Another
- Added descriptions for elements two and four.
8.440 – Identity Fraud by Obtaining Personal Identifying Information
- Delineated elements further and added descriptions of each.
Revised Instructions – added as of February 16, 2024
1.320: Withdrawn Case Against Co-Defendant / Withdrawn Charges Against Defendant
- Removed “Defendant’s Absence Midtrial” from this instruction and inserted that language into new instruction 1.325.
- Added an admonishment for jurors not to consider withdrawn charges or case in any way or to discuss it in their deliberations.
- Added to, and updated, notes.
- Revised title from the original “Child Witness.”
- Included both children and persons with a cognitive or intellectual difference in instruction to jurors on what factors and circumstances they may consider in evaluating the witness’s credibility.
- Replaced outdated language regarding suggestibility and lack of understanding of children.
- No significant changes. Updated pronouns and notes.
3.720: Mug Shots/Fingerprints/DNA
- Renamed and added instructions relating to fingerprints or DNA sample in police possession.
- Updated pronouns and notes.
3.760: Other Bad Acts by Defendant
- Added instruction that judge must inform the jury as to the purpose for which they may consider the evidence, rather than listing all possible purposes for which other bad act evidence may be considered. See Commonwealth v. Fernandes, 492 Mass. 469, 489 (2023).
5.240: Operating Negligently so as to Endanger
- Added instruction and conclusory paragraph for cases in which the parties have stipulated to certain elements.
- Updated pronouns.
- Added element and description for instruction where a bodily injury is charged.
- Added supplemental definitions for gender identity, sexual orientation and race.
6.210: Assault and Battery on a Police Officer or Public Employee
- Reinstated optional supplemental language regarding factors a jury may consider to determine whether the defendant knew the named victim was a public employee engaged in the performance of their duties at the time of the incident (e.g., wearing a uniform, badge, patch, etc.)