Articles Tagged with Jury instructions

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Still wondering about the jury verdict in the Bundy et al Malheur Militia case? This Oregonian article explains a lot. (You’ll  need to do some more homework to explain it all – or most of it, including, among other things, learning about sentencing guidelines and the (former) Oregon U.S. Attorney decision to appeal an Oregon federal district court judge’s sentencing decision.)

Never underestimate, or second guess, a jury until you stand in their shoes – or sit in their chairs:

“Who was John Killman? A tip and detective work unmask mystery man at Oregon refuge,” by Maxine Bernstein, [print] Oregonian, Sunday, November 6, 2016.

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One of many things that pro se (aka self-represented) litigants have a difficult time learning is that even if you read the laws, the rules, the cases, and the jury instructions, you still can’t predict the outcome of your case.

Many people want black and white rules and think there is a simple answer to, for example, the question “what is the statute of limitations on x ?”  They also think that if the statute says x and y, then x and y are The Law.
Lawyers, and law librarians, are faced every day with someone, statute book and statute in hand, asking “what does this mean?”  Who knows?  We can respond “ask the Legislature – they wrote the statute,” but in all seriousness, they often don’t have a clue either.  They certainly don’t know how a judge will interpret the statute. Or how the next judge will, or the appellate court …. 
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The U.S. Ninth Circuit Court of Appeals, Jury Instructions Committee has completed an extensive revision of the Ninth Circuit Manual of Model Criminal Jury Instructions. The 2010 edition of the Manual contains a number of new instructions. It is updated with cases and statutes through July 2010.

The 2010 edition includes renumbered instructions from the 2003 edition; a conversion table is posted online and provides equivalent jury instruction numbers in the 2003 edition.

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Periodically we are asked about jury instructions for the Oregon federal district court. We have the following on good authority, though in the world of legal research, all is subject to variation, circumstances, and change:

1) The Oregon Federal District Court has not (as of this date) produced its own jury instructions. They do make use of the ones from the Oregon State Bar (see Oregon Uniform Criminal and Civil Jury Instructions), Ninth Circuit Jury Instructions, and check federal court Local Rules.

2 ) There are jury instructions for the U.S. Ninth Circuit Court of Appeals. These are also available in print and online, free:

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