New Rules on Jury Instructions Go Into Effect

February 16 2010

Earlier this month, new rules approved by the PA Supreme Court went into effect that will permit jurors in criminal charges to receive -- and take into the jury room -- some portions of the judge's instructions.  Trial court judges in criminal cases may now permit jurors “to have for use during deliberations written copies of the portion of the judge's charge on the elements of the offenses, lesser included offenses, and any defense upon which the jury has been instructed.” The jury is also allowed to submit questions to the judge regarding any portion of the charge. The Supreme Court amended the existing rules at the recommendation of the Criminal Procedural Rules Committee. 

PMCsupports the new provision (and did so in comments provided to the Criminal Procedural Rules Committee), which will serve to produce better informed jurors, ease potential delay and confusion, and lessen the chance of disputes among members of the jury. The new rule is part of a national trend aimed to increase both juror understanding and public confidence in the judicial system.