2 PJI 14 | RECESS ADMONITION
We are about to take [our first] [a] recess [and I remind you of the instruction I gave you earlier]. During this recess and any other recess, you must not discuss this case with anyone, including your fellow jurors, members of your family, people involved in the trial, or anyone else. If anyone tries to talk to you about the case, do not tell your fellow jurors but tell me about it immediately. [Do not read, watch or listen to any news reports of the trial, or conduct any research or investigation, including on the Internet. Remember that I told you not to use any electronic tools to communicate with anyone about the case or to do research relating to the case.] Finally, remember to keep an open mind until all the evidence has been received and you have heard the views of your fellow jurors.
If you need to speak with me about anything, simply give a signed note to [identify court personnel] to give to me.
[I will not repeat these admonitions each time we recess or adjourn, but you will be reminded of them on occasion.]
The instruction is derived from Fifth Circuit 2.1, Eighth Circuit 2.01 and former Ninth Circuit 2.1. Cf. Ninth Circuit 1.12.
Jurors should be reminded that they have duties and responsibilities even when not in court. See, e.g., United States v. Williams, 635 F.2d 744 (8th Cir. 1980) (it is essential to a fair trial that the jury be cautioned as to what conduct is permissible when not in court; an instruction is particularly necessary before the jury separates at night when they will converse with friends and relatives or possibly encounter trial publicity).
This instruction may be modified to be given at the beginning of the trial, as well as before a recess. See also Instruction 1.3 (providing similar admonitions as part of a broader instruction at the beginning of the case).
(Last Updated October 2017)
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on Pattern Jury Instruction 2 PJI 14
(US District Courts - 3rd Circuit)!
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