In re Revisions to Uniform Jury Instructions
| Decision Date | 28 July 2005 |
| Docket Number | No. CCAD-2005-7.,CCAD-2005-7. |
| Citation | 2005 OK CR 12,119 P.3d 753 |
| Parties | In re ADOPTION OF the 2005 REVISIONS TO the OKLAHOMA UNIFORM JURY INSTRUCTIONS—CRIMINAL (SECOND EDITION). |
| Court | Oklahoma Supreme Court |
ORDER ADOPTING AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-CRIMINAL (SECOND EDITION)
¶ 1 On January 3, 2005, The Oklahoma Court of Criminal Appeals Committee for Preparation of Uniform Jury Instructions submitted its report and recommendations to the Court for the adoption of amendments to Oklahoma Uniform Jury Instructions-Criminal (Second Edition). The Court has reviewed the report by the committee and recommendations for the adoption of the 2005 proposed revisions to the Uniform Jury Instructions. Pursuant to 12 O.S.2001, § 577.2, the Court accepts that report and finds the revisions should be ordered adopted.
¶ 2 IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the report of The Oklahoma Court of Criminal Appeals Committee for Preparation of Uniform Jury Instructions shall be accepted, the revisions shall be available for access via the internet from this Court's web site at www.okcca.net on the date of this order and provided to West Publishing Company for publication. The Administrative Office of the Courts is requested to duplicate and provide copies of the revisions to the judges of the District Courts and the District Courts of the State of Oklahoma are directed to implement the utilization of these revisions effective on the date of this order.
¶ 3 IT IS FURTHER ORDERED ADJUDGED AND DECREED the amendments to existing OUJI-CR 2d instructions, deletion of outdated instructions and the adoption of new instructions, as set out in the following designated instructions and attached to this order, are adopted, to wit:
1-5; 4-64; 4-68; 4-73; 5-19; 5-20; 5-21; 5-22; 5-23; 5-24; 5-25; 5-26; 5-27; 5-28; 5-29; 5-30; 5-114A; 6-3A; 6-3B; 6-3C; 6-5; 6-18; 6-24; 6-29; 6-30; 6-60; 6-61; 6-62; 8-25; 8-36; 8-38; 8-39; 10-17; 10-19; 10-21.
¶ 4 The Court also accepts and authorizes the updated committee comments to be published, together with the above styled revisions and each amended page in the revisions to be noted at the bottom as follows "(2005 Supp.)".
¶ 5 IT IS THE FURTHER ORDER OF THIS COURT that the members of The Oklahoma Court of Criminal Appeals Committee for Preparation of Uniform Criminal Jury Instructions be commended for their ongoing efforts to provide up-to-date Uniform Jury Instructions to the bench and the bar of the State of Oklahoma.
¶ 6 IT IS SO ORDERED.
¶ 7 WITNESS OUR HANDS AND THE SEAL OF THIS COURT this 28th day of July, 2005.
/s/ Charles S. Chapel
CHARLES S. CHAPEL, Presiding Judge
/s/ Gary L. Lumpkin
GARY L. LUMPKIN, Vice Presiding Judge
/s/ Charles A. Johnson
CHARLES A. JOHNSON, Judge
/s/ Arlene Johnson
ARLENE JOHNSON, Judge
Revisions to the Oklahoma Uniform Jury Instructions—Criminal (Second Edition)
Approved 10/15/04
OUJI-CR 1-5
I will now ask you a number of questions to determine your qualifications to serve as jurors in this case. To determine your qualifications I will need to obtain information from each of you, including some personal information. The purpose of these questions is to obtain a fair jury and it is not to embarrass you. If any of my questions should touch on sensitive subjects that you do not want to have heard by everyone present, you should tell me, and you can then come forward so that we can discuss those matters privately.
1. Do you reside in [Name of County] County?
Okla. Const. art. 2, § 20 requires "trial by an impartial jury of the county in which the crime shall have been committed." Not every juror who reports for service on the jury panel is necessarily a resident of the county, and so the judge should make sure that all non-residents are removed from the jury.
2. The attorney(s) for the State is/are [Name the Attorney(s)]. Do any of you know the attorney(s) for the State? Has the District Attorney's office handled any matter for any of you?
3. The attorney(s) for the defendant(s) is/are [Name the Attorney(s) ]. Do any of you know the attorney(s) for the defendant(s)? Has/Have the attorney(s) for the defendant(s) [or his/her law firm] represented you on any legal matter?
4. The defendant(s) in this case is/are is [Name the Defendant(s) ]. Do any of you know the defendant(s)?
5. Do/Did any of you know [Name the Alleged Victim(s) ], or any member of his/her/their family?
6. The witnesses who may be called in this case are [Name the Witness(es) ]: Do any of you know any of the witnesses, or any member of their families?
7. Have any of you read or heard the alleged facts of this case? Have you expressed or formed an opinion concerning this case? Would any information you have read or heard concerning this case influence your ability to hear or decide this case impartially? Have you discussed this case with anyone prior to today?
8. Have any of you had any experience that you feel might affect your consideration of this case?
9. Are you or is anyone in your immediate family any of your friends or relatives employed or involved with a law enforcement agency or organization? Have you or has anyone in your immediate family any of your friends or relatives been connected with law enforcement in the past? Do you hold or have you held a "Reserve Deputy Commission," a "Special Deputy Commission," or an "Honorary Deputy Commission"?
Under 38 O.S. Supp. 2001, § 28, sheriffs or deputy sheriffs are disqualified from serving as jurors. The Court of Criminal Appeals has held that a person who holds a "reserve deputy commission," a "special deputy commission," or an "honorary deputy commission" is similarly disqualified from serving as a juror, even though the person holding this commission has no legal authority or legal duty to act as a deputy sheriff. State v. Smith, 1958 OK CR 6, 320 P.2d 719 (Okl.Cr.1958); Henderson v. State, 95 Okl. Cr. 342, 246 P.2d 393 (1952); Allen v. State, 70 Okl. Cr. 143, 105 P.2d 450 (1940); Carr v. State, 63 Okl. Cr. 201, 84 P.2d 42 (1938); Tripp v. State, 63 Okl. Cr. 41, 72 P.2d 529 (1937).
10. Have any of you ever been charged with or accused of a crime? Have any of your close friends or relatives ever been charged with or accused of a crime?
11. Have any of you ever been victims of a crime? Have any of your close friends or relatives ever been victims of a crime?
12. I will instruct you on the law and the rules by which the jury reaches a verdict. Your duty as jurors is to accept and follow the law as included in the instructions and rules given to you by me. If selected as a juror, will each of you accept and follow the law as included in the instructions and rules that I will give to you?
One instruction I will give is that the/each defendant is presumed innocent of the crime charged, and the presumption continues unless after consideration of all the evidence you are convinced of his/her/(each defendant's) guilt beyond a reasonable doubt. The State has the burden of presenting the evidence that establishes the guilt of the/each defendant beyond a reasonable doubt. The/Each defendant must be found not guilty unless the State produces evidence which convinces you beyond a reasonable doubt of each element of the crime. If selected as a juror, will each of you presume the/each defendant innocent unless proven guilty beyond a reasonable doubt?
[Select either Alternate 1 (No Death Penalty) or Alternate 2 (Death Penalty)].
Alternate 1 (No Death Penalty)
Another instruction I will give is that as jurors, if you find the defendant(s) guilty, you will have the duty to assess punishment. The punishment for the crime of [Name the Crime Charged] is a possible maximum punishment of (a term in the State Penitentiary for [possible maximum years in Penitentiary])/(a term in the County Jail for [possible maximum jail term]) and/or [a fine of (possible maximum fine)].
If selected as a juror and you find the defendant(s) guilty, will each of you assess punishment in accordance with the law?
Alternate 1 shall be given except when the crime charged is murder in the first degree and the death penalty is sought. It should be repeated for each crime charged.
If the charge involves an "after former conviction" charge, Question 11, Alternate 1, should not be given at voir dire. See 22 O.S.2001, § 860.1. No discussion of the possible punishment in an "after former conviction" case should be given to the jury until the second stage of the trial.
Alternate 2 (Death Penalty)
The defendant is charged with murder in the first degree. It will be the duty of the jury to determine whether the defendant is guilty or not guilty after considering the evidence and instructions of law presented in court.
If the jury finds beyond a reasonable doubt that the defendant is guilty of murder in the first degree, the jury will then have the duty to assess punishment. The punishment for murder in the first degree is death, imprisonment for life without parole or imprisonment for life.
If you find the defendant guilty of murder in the first degree, can you consider all three of these legal punishments — death, imprisonment for life without parole or imprisonment for life — and impose the one warranted by the law and evidence?
[If the answer to the preceding question is negative]
If you found beyond a reasonable doubt that the defendant was guilty of murder in the first degree and if under the evidence, facts and circumstances of the case the law would permit you to consider a sentence of death/(imprisonment for life without parole)/(imprisonment for life), are your reservations about the penalty of death/(imprisonment for life without parole)/(imprisonment for life) so strong that regardless of the law, the facts and circumstances of the case, you would not impose consider the imposition of the...
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...use. See Burns v. State, 128 N.W. 987, 991 (Wis. 1910); In re Adoption of the 2005 Revisions to the Okla. Unif. Jury Instructions, 119 P.3d 753, 762 (Okla. Crim. App. 2005) (mem.). Before these revisions, bailees were only guilty of embezzlement (if anything) when they appropriated the whol......