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Criminal Pattern Jury Instructions

The Alaska Criminal Pattern Jury Instructions were drafted by the Criminal Pattern Jury Instructions Committee in 1980. The committee continues to meet monthly to review and revise the instructions. These instructions have not been approved or promulgated by any court or the Alaska Bar Association. Please contact Robert Polley with questions or comments about these instructions:

Robert Polley,
Reporter, Criminal Pattern Jury Instructions Committee
820 W. 4th Avenue
Anchorage, AK 99501
907-264-8228

Attention: These instructions are NOT for persons who have been summoned for petit or grand jury service.

New/Revised instructions are noted with NEW!

Chronological list of updates since January 2014.

NOTE: On Wednesday, July 16, 2014, the Governor signed the omnibus crime bill that was passed by the legislature this year, Senate Bill 64, now enrolled as ch. 83 SLA 2014. This law increases the threshold dollar amounts for theft and certain other property crimes, which affects several existing criminal pattern jury instructions. The committee is in the process of updating these affected pattern instructions. In the meantime, however, please be sure to review this new law to see if it impacts any pattern instructions you intend to use.

The criminal pattern jury instructions are provided in Microsoft Word format.

The criminal jury instructions are also available on CD-ROM from the Alaska Court System's Administrative Office, 907-264-8232.

Table of Contents

Preface

Members

General Use Notes

List of Previous Editions

Part I. General Instructions

Part II. Title 4 Instructions

Part III. Title 11 Instructions

Part IV. Title 28 Instructions

Withdrawn Instructions

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PART I. General Instructions

  • 1.01 Empaneling the Jury - Instruction to Precede the Oath
  • 1.02 Juror Conduct
  • 1.03 Media - Cautionary
  • 1.04 Outline of Trial
  • 1.05 Note-taking
  • 1.06 Presumption of Innocence, Burden of Proof, Beyond a Reasonable Doubt
  • 1.07 Evaluation of Evidence
  • 1.08 No Intention to Influence Jury on Factual Matters
  • 1.09 Objections
  • 1.10 Witnesses - Credibility
  • 1.11 Expert Witnesses
  • 1.12 Opinion Testimony of Non-Expert
  • 1.13 Witnesses - Number
  • 1.14 Direct/Circumstantial Evidence
  • 1.15 State of Mind - Circumstantial Evidence
  • 1.16A Judicial Notice of Facts
  • 1.16B Stipulation of Facts
  • 1.17 Charging Document Not Evidence
  • 1.18 Jury Views
  • 1.19 Statement of Co-Defendant
  • 1.20 Testimony of Participant in the Crime Charged - Determination By Judge
  • 1.21 Testimony of Participant in the Crime Charged - Determination By Jury
  • 1.22 Testimony of Participant in the Crime Charged - Corroboration
  • 1.23 Informant Testimony
  • 1.24 Eyewitness Testimony
  • 1.25 Limiting Instructions - Generally
  • 1.25.1 Causation
  • 1.25.2 Causation - Superseding Cause/Foreseeability
  • 1.26 Motive
  • 1.27 Defendant's Out-of-Court Statement
  • 1.28 Flight
  • 1.29 Prior Bad Acts - Evidence Rule 404(b)
  • 1.30 Defendant As Witness - In General
  • 1.31 Defendant As Witness - Prior Convictions
  • 1.32 Defendant's Right Not To Testify
  • 1.33 Arguments of Counsel
  • 1.34 Elements - Transitional
  • 1.35A Arriving at a Verdict - Single Defendant, Single Count
  • 1.35B Arriving at a Verdict - Single Defendant, Multiple Counts
  • 1.35C Arriving at a Verdict - Multiple Defendants, Single Count
  • 1.35D Arriving at a Verdict - Multiple Defendants, Multiple Counts
  • 1.35E Arriving at a Verdict - Multiple Theories of Offense
  • 1.35F Arriving at a Verdict - Factual Concurrence (Duplicitous Counts)
  • 1.36 On or About
  • 1.37 Elements of Lesser Included Offense
  • 1.38 Lesser Included - Deliberation
  • 1.39 Lesser Included - Not Intended to Relieve of Duty
  • 1.40 Alibi
  • 1.41 Evidence of the Defendant's Good Character
  • 1.42 Combined Defenses of Insanity and Diminished Capacity
    • 1.42A Culpable Mental State (Diminished Capacity)
    • 1.42B Definition of Mental Disease or Defect
    • 1.42C Standard of Proof for Questions Related to Mental Disease or Defect
    • 1.42D Diminished Capacity (Mental Disease or Defect)
    • 1.42E Affirmative Defense of Insanity
    • 1.42F Guilty But Mentally Ill
    • 1.42G The Effect of Your Verdict
    • 1.42H Verdict Form
  • 1.43 Defense of Diminished Capacity
    • 1.43A Culpable Mental State (Diminished Capacity)
    • 1.43B Definition of Mental Disease or Defect
    • 1.43C Standard of Proof for Questions Related to Mental Disease or Defect
    • 1.43D Diminished Capacity (Mental Disease or Defect)
    • 1.43E Guilty But Mentally Ill
    • 1.43F Effect of Your Verdict
    • 1.43G Verdict Form
  • 1.44 Affirmative Defense of Insanity
    • 1.44A Affirmative Defense of Insanity
    • 1.44B Guilty But Mentally Ill
    • 1.44C Definition of Mental Disease or Defect
    • 1.44D Standard of Proof for Questions Related to Mental Disease or Defect
    • 1.44E The Effect of Your Verdict
    • 1.44F Verdict Form
  • 1.45 Insanity Post-Trial Hearing
  • 1.46 How Jurors Should Approach Their Task NEW!
  • 1.47 Jurors' Duty to Deliberate
  • 1.48 Corporate Defendant
  • 1.49 Punishment Not To Be Considered
  • 1.50 Sample Verdict Form
  • 1.51 Lesser Included Offense (Use of Alternative Verdict Forms)
    • 1.51A Sample Verdict Forms (Lesser Included Offenses)
    • 1.51B Sample Verdict Forms (Lesser Included Offenses)
    • 1.51C Sample Verdict Forms (Lesser Included Offenses)
    • 1.51D Sample Verdict Forms (Lesser Included Offenses)
    • 1.51E Sample Verdict Forms (Lesser Included Offenses)
  • 1.52 Reminder of Oath - Retire to Deliberate
  • 1.53 Jurors' Communication with Court
  • 1.54 Function of the Bailiff
  • 1.55 Jury Admonition - Recess during Deliberations
  • 1.55A Jury Admonition - Hung Jury NEW!
  • 1.56 Aggravating Factors
    • 1.56A Aggravating Factors - Pretrial Notice
    • 1.56B Aggravating Factors - Cover Sheet
    • 1.56C Aggravating Factors - Introductory Instruction
    • 1.56D Aggravating Factors - Introductory Instruction #2
    • 1.56E Aggravating Factors - Deliberate Cruelty 12.55.155(c)(2)
    • 1.56F Aggravating Factors - Vulnerable Victim 12.55.155(c)(5)
    • 1.56G Aggravating Factors - Felony Against Spouse, Former Spouse, Member of Social Unit 12.55.155(c)(18)(a)
    • 1.56H Aggravating Factors - Preface to Findings Forms
    • 1.56I Aggravating Factors - Findings Form 1 #1
    • 1.56J Aggravating Factors - Findings Form 1 #2
    • 1.56K Aggravating Factors - Findings Form 2
    • 1.56L Aggravating Factors - Findings Form 3

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PART II. Title 4 Instructions

CHAPTER 11. Licensing

CHAPTER 16. Regulation of Sales and Distribution

CHAPTER 21. General Provisions

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PART III. Title 11 Instructions

CHAPTER 16. Parties to Crime

CHAPTER 31. Attempt, Solicitation, & Conspiracy

CHAPTER 41. Offenses Against the Person

CHAPTER 46. Offenses Against Property

CHAPTER 51. Attempt, Offences Against the Family and Vulnerable Adults

CHAPTER 56. Offenses Against Public Administration

CHAPTER 61. Offenses against Public Order

CHAPTER 71. Controlled Substances

  • 11.71.010(a)(1)&(2) Misconduct Involving a Controlled Substance -
    First Degree - Delivery of a IA, IIA, IIIA Controlled Substance To a Person Under 19
  • 11.71.010(a)(3)&(b) Misconduct Involving a Controlled Substance - First Degree - Continuing Criminal Enterprise
  • 11.71.020(a)(1) Misconduct Involving a Controlled Substance -
    Second Degree - Manufacture/Delivery/Possession Schedule IA Controlled Substance
  • 11.71.020(a)(2) Misconduct Involving a Controlled Substance - Second Degree - Manufacture of Methamphetamine
  • 11.71.020(a)(3) Misconduct Involving a Controlled Substance - Second Degree - Possession of Precursor for Methamphetamine Manufacture
  • 11.71.020(a)(4) Misconduct Involving a Controlled Substance -
    Second Degree - Possession of Listed Chemical for Methamphetamine Manufacture
  • 11.71.020(a)(5) Misconduct Involving a Controlled Substance - Second Degree - Possession of Methamphetamine in Organic Solution
  • 11.71.020(a)(6) Misconduct Involving a Controlled Substance - Second Degree - Delivery of Precursor of Methamphetamine or Listed Chemical
  • 11.71.030(a)(1) Misconduct Involving a Controlled Substance -
    Third Degree - Manufacture/Delivery/Possession of Schedule IIA/IIIA Controlled Substance
  • 11.71.030(a)(2) Misconduct Involving a Controlled Substance -
    Third Degree - Delivery of Schedule IVA/VA/VIA Controlled Substance to a Person Under 19
  • 11.71.030(a)(3)(A)-(B) Misconduct Involving a Controlled Substance -
    Third Degree - Possession of Schedule IA/IIA Controlled Substance - School/Youth Center/School Bus
  • 11.71.030(b) Misconduct Involving a Controlled Substance - Third Degree - Affirmative Defense - Private Residence
  • 11.71.040(a)(1) Misconduct Involving a Controlled Substance -
    Fourth Degree - Manufacture/Delivery/Possession of Schedule IVA/VA Controlled Substance
  • 11.71.040(a)(2) Misconduct Involving a Controlled Substance -
    Fourth Degree - Manufacture/Delivery/Possession of Schedule VIA Controlled Substance
  • 11.71.040(a)(3)(A) Misconduct Involving a Controlled Substance - Fourth Degree - Possession of Schedule IA/IIA Controlled Substance
  • 11.71.040(a)(3)(B) Misconduct Involving a Controlled Substance - Fourth Degree - Possession of Schedule IIIA/IVA Controlled Substance
  • 11.71.040(a)(3)(C) Misconduct Involving a Controlled Substance - Fourth Degree - Possession of Schedule IIIA/IVA Controlled Substance
  • 11.71.040(a)(3)(D) Misconduct Involving a Controlled Substance - Fourth Degree - Possession of Schedule VA Controlled Substance
  • 11.71.040(a)(3)(E) Misconduct Involving a Controlled Substance - Fourth Degree - Possession of Schedule VA Controlled Substance
  • 11.71.040(a)(3)(F) Misconduct Involving a Controlled Substance - Fourth Degree - Possession of Schedule VIA Controlled Substance
  • 11.71.040(a)(3)(G) Misconduct Involving a Controlled Substance - Fourth Degree - Possession of Cannabis Plants NEW!
  • 11.71.040(a)(4)(A)-(B) Misconduct Involving a Controlled Substance -
    Fourth Degree - Possession of Schedule IIA/IVA/VA/VIA Controlled Substance - School/Youth Center/School Bus
  • 11.71.040(a)(5) Misconduct Involving a Controlled Substance - Fourth Degree - Storage of Controlled Substances
  • 11.71.040(a)(6) Misconduct Involving a Controlled Substance - Fourth Degree - Counterfeit Substance
  • 11.71.040(a)(7) Misconduct Involving a Controlled Substance - Fourth Degree - Misused Registration Number - Controlled Substance
  • 11.71.040(a)(8) Misconduct Involving a Controlled Substance - Fourth Degree - False Information - Controlled Substance
  • 11.71.040(a)(9) Misconduct Involving a Controlled Substance - Fourth Degree - Fraudulent Possession - Controlled Substance
  • 11.71.040(a)(10) Misconduct Involving a Controlled Substance - Fourth Degree - False Label - Controlled Substance
  • 11.71.040(b) Misconduct Involving a Controlled Substance - Fourth Degree - Affirmative Defense - Private Residence
  • 11.71.050(a)(1) Misconduct Involving a Controlled Substance -
    Fifth Degree - Manufacture/Delivery/Possession of Schedule VIA Controlled Substance
  • 11.71.050(a)(2)(A) Misconduct Involving a Controlled Substance - Fifth Degree - Possession of IIIA/IVA Controlled Substance
  • 11.71.050(a)(2)(B) Misconduct Involving a Controlled Substance - Fifth Degree - Possession of IIIA/IVA Controlled Substance
  • 11.71.050(a)(2)(C) Misconduct Involving a Controlled Substance - Fifth Degree - Possession of VA Controlled Substance
  • 11.71.050(a)(2)(D) Misconduct Involving a Controlled Substance - Fifth Degree - Possession of VA Controlled Substance
  • 11.71.050(a)(2)(E) Misconduct Involving a Controlled Substance - Fifth Degree - Possession of VIA Controlled Substance
  • 11.71.050(a)(3) Misconduct Involving a Controlled Substance - Fifth Degree - Refuse Inspection - Controlled Substance
  • 11.71.060(a)(1) Misconduct Involving a Controlled Substance - Sixth Degree - Use or Display Schedule VIA Controlled Substance
  • 11.71.060(a)(2) Misconduct Involving a Controlled Substance - Sixth Degree - Possession of VIA Controlled Substance
  • 11.71.060(a)(3) Misconduct Involving a Controlled Substance - Sixth Degree - Refuse Inspection of Controlled Substance
  • 11.71.080 Aggregate Weight of Live Marijuana Plants
  • 11.71.320(a) Identifiable Amount
  • 11.71.900 Definitions

CHAPTER 81. General Provisions

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PART IV. Title 28 Instructions

CHAPTER 15. Drivers' Licenses

CHAPTER 35. Offenses and Accidents

CHAPTER 90. General and Miscellaneous Provisions

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Withdrawn Instructions

  • 11.81.900(b) "Criminal Street Gang" (Withdrawn 2006)
  • 11.81.900(b)(49) "Propelled Vehicle" (Withdrawn 2006)
  • 28.35.030(a) Validity of Test Results (Withdrawn 2000)
  • 28.35.030(a) Driving While Intoxicated (Withdrawn 2003)
  • 28.35.030(a)(1)-(2) Driving Under the Influence - Two Most Common Theories (Withdrawn 2009)
  • 28.35.030(a)(1)-(3) Driving Under the Influence - All Theories (Withdrawn 2009)

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