PRINTER'S NO. 3109
No. 559 Session of 2008
INTRODUCED BY GINGRICH, BENNINGHOFF, CLYMER, CREIGHTON, EVERETT,
FAIRCHILD, GEIST, GOODMAN, HELM, HORNAMAN, JAMES, MANTZ,
McILHATTAN, MENSCH, MILLARD, R. MILLER, MOUL, MOYER, MYERS,
NAILOR, PETRONE, PICKETT, RAPP, RUBLEY, SAYLOR, SIPTROTH,
SONNEY, STERN, SWANGER, WATERS, WATSON AND YOUNGBLOOD,
JANUARY 22, 2008
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 22, 2008
A RESOLUTION
1 Urging the Pennsylvania Supreme Court to enact a rule of
2 criminal procedure allowing written jury instructions
3 pertaining to the elements of each crime charged and any
4 relevant defenses to be provided to jurors for use as part of
5 the deliberative process by the jury.
6 WHEREAS, Trial by a jury of one's peers is the touchstone of
7 American jurisprudence; and
8 WHEREAS, Jury determinations in criminal cases are an
9 integral part of the trial process; and
10 WHEREAS, Criminal case jurors are often called upon to decide
11 complex issues, and each juror is required to be well prepared
12 to render a fair and impartial verdict based upon the facts of
13 the case, the evidence and the relevant law; and
14 WHEREAS, In order to better assist jurors in recalling the
15 facts of the case, the Pennsylvania Rules of Criminal Procedure
16 currently allow jurors to take written notes during a trial but
17 not during the charge by the presiding judge; and
1 WHEREAS, After the presiding judge instructs the jury on the
2 applicable law, many jurors may have questions; and
3 WHEREAS, Jury questions about the applicable law may result
4 in requests to the court to repeat or explain instructions,
5 causing inefficiency in the deliberative process and unnecessary
6 delay; and
7 WHEREAS, Written instructions may reduce the number of
8 questions by the jury about their instructions during
9 deliberations, while serving to remind jurors to consider all
10 aspects of the legal claims or offenses and as a means of
11 structuring the deliberative process; and
12 WHEREAS, Written instructions can also reduce the likelihood
13 of disputes among jurors regarding the content and application
14 of instructions; and
15 WHEREAS, Written instructions may result in reduced
16 deliberation time and in greater juror confidence in the
17 verdict; and
18 WHEREAS, To better inform jurors and alleviate potential
19 mistakes, confusion and delay, there is a national trend to
20 allow jurors to take with them to the jury deliberation room a
21 copy of the written instructions by the presiding judge on the
22 elements of the relevant crimes in a case; and
23 WHEREAS, According to a study conducted by the National
24 Center for State Courts Center for Jury Studies, 25 states
25 currently require the use of written instructions in criminal
26 trials and 19 states and the District of Columbia permit the use
27 of such instructions; and
28 WHEREAS, Only Alabama, Georgia and Pennsylvania currently
29 prohibit the use of written instructions in criminal trials; and
30 WHEREAS, House Bill 190 has been introduced during the 2007-
20080H0559R3109 - 2 -
1 2008 legislative session; and
2 WHEREAS, House Bill 190 would allow a presiding judge to
3 "provide the written portions of his jury instructions
4 pertaining to the elements of each crime charged"; and
5 WHEREAS, Determinations concerning judicial and juror conduct
6 are usually governed by the rulemaking authority of the
7 Pennsylvania Supreme Court; therefore be it
8 RESOLVED, That the General Assembly urge the Pennsylvania
9 Supreme Court, in the exercise of its rulemaking authority, to
10 enact a rule of criminal procedure allowing written jury
11 instructions pertaining to the elements of each crime charged
12 and any relevant defenses to be provided to jurors for use as
13 part of the deliberative process by the jury.
A15L82BIL/20080H0559R3109 - 3 -