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Welcome to the Vermont Model Criminal Jury Instructions. The instructions are sponsored by the Vermont Bar Association.
Use the drop-down menus above or the search function below to find individual instructions and the accompanying reporter's notes.
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You may search for an instruction by using the name of the crime (e.g., kidnapping) or by using the statutory citation (e.g., 13 V.S.A. 2405 or, more simply, 2405). Note that the search software is simply reading the text on each page, and thus doesn't recognize "VSA" without the periods.
Author Archives: Michael Csere
Unlawful Trespass
January 31, 2023: The Committee has revised the instructions and reporter’s note for unlawful trespass. There are now two alternative instructions for unlawful trespass to land depending on the type of notice charged (actual communication or signs/placards). Additionally, the reporter’s … Continue reading
Escape
January 31, 2023: To reflect recent statutory amendments, the Committee has: (1) revised the existing instruction for escape from furlough (CR28-187); (2) added a new instruction with an intent element for escape from furlough imposed pursuant to 28 V.S.A. § … Continue reading
Insanity and Diminished Capacity
January 26, 2023: The Committee has revised the reporter’s notes for the defenses of insanity and diminished capacity to include references to State v. Webster, 2017 VT 98, ¶ 20, 206 Vt. 178 and State v. Bourgoin, 2021 VT 15, ¶¶ … Continue reading
Sexual Assault
January 12, 2023: The Committee has updated the sexual assault instructions and reporter’s note in light of the legislature’s recent revision and reformulation of the sexual assault statutes, see 2021, No. 68 (eff. July 1, 2021), and the Supreme Court’s … Continue reading
Criminal Threatening and Hindering an Officer
March 8, 2022: The Committee has revised the reporter’s note for Criminal Threatening and added a new reporter’s note for Hindering an Officer in light of State v. Blanchard, 2021 VT 13.
Burden of Proof
February 9, 2022: The Committee has revised several reporter’s notes on the “Burden of Proof” page to incorporate references to State v. Redmond, 2020 VT 36, 212 Vt. 242 and State v. Blanchard, 2021 VT 13, ¶ 34.
Pro Se Defendants
February 9, 2022: The Committee has added a new instruction and reporter’s note for pro se defendants.
Hung Juries
March 5, 2021: The Committee has revamped and expanded the reporter’s note for the hung jury (“Allen” ) charge. The expanded note incorporates discussion from State v. Rolls, 2020 VT 18, ¶¶ 13–20.
Transitions to Lesser-Included Offenses
March 5, 2021: The Committee has revised the reporter’s note accompanying the transition instructions, which appear on multiple pages on this website, to add a reference to State v. Rolls, 2020 VT 18, ¶ 9 (trial court did not err … Continue reading
Investigation of Jury Taint
March 4, 2021: The Committee has added a reference to State v. Kandzior, 2020 VT 37, ¶ 27 (“the failure to investigate possible jury taint and establish an evidentiary basis for determining if the jury was fair and unbiased amounts … Continue reading