Vermont Model Criminal Jury Instructions

December 20, 2019: The Committee has prepared instructions and a reporter’s note for aggravated animal cruelty, available here.

November 22, 2019: The Committee has revised the reporter’s notes for the general and specific unanimity instructions to incorporate a reference to the recent case of State v. Robitille, 2019 VT 36, ¶¶ 47–50. The Committee has also inserted a footnote in the general unanimity instruction (CR03-011) to reference where the specific unanimity instruction can be found, if needed.

October 22, 2019: The Committee has added a new instruction for situations where one or more charges have been dismissed pursuant to a V.R.Cr.P. 29(a) motion for judgment of acquittal, but where other charges remain for the jury’s consideration. The new instruction, CR03-061, is located on the Closing Remarks page.

September 20, 2019: The Committee has added new instructions for DUI-serious bodily injury and DUI-death resulting, and a new reporter’s note to accompany those instructions. Those revisions are available here.

August 19, 2019: The Committee has revised the reporter’s note for the crime of Lewd and Lascivious Conduct with a Child to include a reference to State v. Discola, 2018 VT 7, ¶¶ 23–24, 207 Vt. 216.

July 26, 2019: The Committee has revised the Self Defense (use of deadly force) instruction, CR07-111, to reflect that not all uses of deadly force result in a killing.

July 8, 2019: The Committee has revised the reporter’s notes in three different places to incorporate a reference to State v. Kuzawski, 2017 VT 118, ¶¶ 8–18, 206 Vt. 351, which discusses the definition of “deadly weapons”:

• CR10-211.  General Definition of “deadly weapon.”
• CR22-098: Aggravated Assault (Threatened Another With a Deadly Weapon).
• CR22-361, -362. First Degree Aggravated Domestic Assault (Threatened with Deadly Weapon) (Used Deadly Weapon).

July 8, 2019: The Committee has revised the reporter’s note accompanying the general “attempt” instruction (CR09-201) to incorporate references to more recent cases discussing attempt, including State v. Sawyer, 2018 VT 43, ¶¶ 12–22.

April 4, 2019: The Committee has revised the Reporter’s Note for unlawful trespass to incorporate a reference to the Vermont Supreme Court’s recent decision in State v. Pixley, 2018 VT 110.

March 8, 2019:  The Committee has updated the reference to “Department of Health” in instruction CR30-051 to instead reflect the “Department of Public Safety.”