August 31, 2012: In State v. Bourn, 2012 VT 71 (Aug. 31, 2012), the Vermont Supreme Court held that the offense of aggravated assault by threatening to use a deadly weapon, 13 V.S.A. § 1024(a)(5), “requires that the actor subjectively intend to threaten another person with a deadly weapon.”  The committee does not currently have an instruction for offenses arising under § 1024(a)(5).

In State v. Brandt, 2012 VT 73 (Aug. 31, 2012), the Vermont Supreme Court cautioned against the use of instructions on excited utterances, or other instructions that explain the admission of certain evidence to the jury, in the absence of special circumstances.

Posted on by Dickson Corbett | Comments Off on State v. Paul Bourn

August 30, 2012:  Welcome to the new internet home of the Vermont Criminal Jury Instructions.  The instructions on this website have been developed by the Vermont Criminal Jury Instruction Committee and are sponsored by the Vermont Bar Association.

Please use the drop-down menus above, the search function to the right, or the table of contents (linked at the bottom right) to find the individual instructions and their accompanying reporter’s notes. 

Posted on by Dickson Corbett | Comments Off on Welcome to the Vermont Criminal Jury Instructions