On February 8, the parties submitted proposed jury instructions for the start of the Chauvin criminal trial. [1]
To some extent, both sets basically followed the Criminal Jury Instruction Guide: Criminal (CRIMJIG) and to a large extent are identical. They are listed first. Then there is a list of the State’s proposals that are unique followed by a list of Chauvin’s unique proposals.
Identical Proposed Instructions
- Instructions To Be Considered as a Whole (CRIMJIG 3.07)
- Duties of Judge and Jury (CRIMJIG 3.01)
- Presumption of Innocence (CRIMJIG 3.02)
- Proof Beyond a Reasonable Doubt (CRIMJIG 3.03 & modified)
- Direct and Circumstantial Evidence (CRIMJIG 3.05)
- Rulings on Objections to Evidence (CRIMJIG 3.06)
- Statements of Judge and Attorneys (CRIMJIG 3.11)
- Notes Taken by Jurors (CRIM 3.09)
- Statements of Judge and Attorneys (CRIMJIG 3.11)
- Evaluation of Testimony—Believability of Witnesses (CRIMJIG 3.12)
- Expert Testimony (CRIMJIG 3.13)
- Impeachment (CRIMJIG 3.15)
- Evidence of Other Crimes or Occurrences Involving Defendant (CRIMJIG 3.16)
- Definitions of Words
- Murder in the Second Degree—While Committing a Felony—Defined (CRIMJIG 11.28)
- Murder in the Second Degree—While committing a Felony—Elements (CRIMJIG 11.29)
- Manslaughter in the Second Degree—Defined (Minn. Stat. 609.205)
- Manslaughter in the Second Degree—Elements (CRIMJIG 11.56 (modified)
- Aiding and Abetting Manslaughter in the Second Degree—Elements
- Duties of Jurors; Selection of foreperson; Unanimous Verdict;Deliberation; Return of Verdict.
The State’s Unique Proposed Instructions
- Defendant’s Right Not to Testify.
- Demonstrative Evidence
- Multiple Offenses Considered Separately
- Aiding and Abetting a Crime—Defined
- Aiding and Abetting Murder in the Second Degree —Elements
- Murder in the Third Degree—Depraved Mind—Defined
- Murder in the Third Degree—Depraved Mind–Elements
- Aiding and Abetting Murder in the Third Degree—Elements
- Aiding and Abetting Manslaughter in the Second Degree—Elements
- Aiding and Abetting Manslaughter in the Second Degree—Elements
- Defense of Self or Others
- Authorized Use of Force by Police Officer
- Defense of Self or Others
- Jury Questions During Deliberations
Chauvin’s Unique Proposed Instructions
- Assault in the Third Degree Defined (CRIMJIG 13.15)
- Assault in the Third Degree—Elements (CRIMJIG 13.16 (modified); Minn. Stat. 609.02, Subd. 7a, 9(3), 10)
- Manslaughter Causation (CRIMJIG 3.31 (modified))
- Reasonable Use of Force
- Negligence of Mr. Floyd
- Additional Forms of Mr. Floyd’s Negligence
- Verdict Forms (CRIMJIG 3.04)
- Final Instruction: Duty of the Jury
Conclusion
The State submitted several proposed instructions on third-degree murder even though that alleged crime has been dismissed by the District Court followed by an appeal of that order by the State. [2]
In addition, this blogger was surprised by the State’s proposed instructions on aiding and abetting when Chauvin always has been considered, at least in the press, as the main alleged offender with the other defendants, who are not on trial starting March 8 –J. Alexander Kueng, Thomas Lane and Tou Thao—being charged with aiding and abetting Chauvin.
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[1] State’s Proposed Jury Instructions, State v. Chauvin, Hennepin County District Court, Court file No. 27-CR-20-12646 (Feb. 8, 2021); Defendant’s Proposed Jury Instructions, State v. Chauvin, Hennepin County District Court, Court file No. 27-CR-20-12646 (Feb. 8, 2021). Copies of these documents are available on the District court’s website: https://www.mncourts.gov/media/StateofMinnesotavDerekChauvin. Many of the proposals reference CRIMJIG, which refers to Minnesota Jury Instruction Guide: Criminal, which is published by Thompson West, but is not freely available on the Internet.
[2] Prosecution and Chauvin Dispute Adding Third-Degree Murder Charges in George Floyd Criminal Cases, dwkcommentaries.com (Feb. 10,2021); Court Denies Third-Degree Murder Charges for George Floyd Killing, dwkcommentareis.com (Feb. 12, 2021).
