PRINTER'S NO. 3065
No. 554 Session of 2008
INTRODUCED BY GINGRICH, BENNINGHOFF, CLYMER, CREIGHTON, EVERETT,
FAIRCHILD, GEIST, GOODMAN, HELM, HORNAMAN, MANTZ, McILHATTAN,
MENSCH, MILLARD, R. MILLER, MOUL, MOYER, MYERS, NAILOR,
PETRONE, PICKETT, RAPP, RUBLEY, SAYLOR, SIPTROTH, SONNEY,
STERN, SWANGER, WATERS, WATSON AND YOUNGBLOOD,
JANUARY 14, 2008
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 14, 2008
A RESOLUTION
1 Urging the Pennsylvania Supreme Court to adopt a Rule of
2 Criminal Procedure allowing written jury instructions
3 pertaining to the elements of each crime charged to be
4 provided to jurors for use as part of the jury's deliberative
5 process.
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 allows jurors to take written notes during a trial;
17 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 delays; and
7 WHEREAS, To better inform jurors and alleviate potential
8 mistakes, confusion and delay, there is a national trend to
9 allow jurors to take with them a copy of the judge's written
10 instructions on the elements of the relevant crime or crimes in
11 a case to the jury deliberation room; and
12 WHEREAS, According to a study conducted by the National
13 Center for State Courts Center for Jury Studies, 25 states
14 currently require the use of written instructions in criminal
15 trials and 19 states and the District of Columbia permit the use
16 of such instructions; and
17 WHEREAS, Only three states currently prohibit the use of
18 written instructions in criminal trials: Alabama, Georgia and
19 the Commonwealth of Pennsylvania; and
20 WHEREAS, Written instructions may reduce the number of
21 questions from the jury during deliberations, while serving to
22 remind jurors to consider all aspects of the legal claims or
23 offenses and as a means of structuring the deliberative process;
24 and
25 WHEREAS, Written instructions can also reduce the likelihood
26 of disputes among jurors regarding the content and application
27 of instructions; and
28 WHEREAS, Written instructions may result in reduced
29 deliberation time and in greater juror confidence in the
30 verdict; and
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1 WHEREAS, House Bill 190 has been introduced during the 2007-
2 2008 legislative session; and
3 WHEREAS, House Bill 190 would allow a judge to provide the
4 written portions of his jury instructions pertaining to the
5 elements of each crime charged; and
6 WHEREAS, Determinations concerning judicial and juror conduct
7 are usually governed by the rulemaking authority of the
8 Pennsylvania Supreme Court; therefore be it
9 RESOLVED, That the House of Representatives urge the
10 Pennsylvania Supreme Court, in the exercise of its rulemaking
11 authority, to adopt a Rule of Criminal Procedure allowing
12 written jury instructions pertaining to the elements of each
13 crime charged to be provided to jurors for use as part of the
14 jury's deliberative process.
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