FYI
Please excuse this state specific posting to a "national" listserv, but
many of you may have at least an academic interest in knowing that New York is migrating to web only publishing for some standard titles and giving up on print.
The NY CJI Criminal Jury Instructions are now only available on the web.
No print updates or books will be issued. See notice below:
The following notice has been issued by the Committee on Criminal Jury Instructions:
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The Committee on Criminal Jury Instructions
Notice to the Bar
As co-chairs of the Committee on Criminal Jury Instructions,
we would like to bring you up to date on the status of the charges
produced by the Committee, and to inform you of the way to access
and cite our pattern jury instructions for criminal cases.
The first edition of the Criminal Jury Instructions (CJI), drafted
by the original Committee on Criminal Jury Instructions, was
published in three looseleaf binders. Volume 1 contained charges
of 'General Applicability' and Volumes 2 and 3 contained charges
for crimes defined in the Penal Law. (There was also a separate
volume, designed only for local criminal courts, that duplicated
the charges for misdemeanors defined in the Penal Law.)
The current Committee has been revising and updating CJI charges,
and has drafted instructions for new crimes and for use at capital
sentencing proceedings. The new and revised charges have been
made available as part of the Criminal Jury Instructions, Second
Edition (CJI2d).
Initially, CJI2d was published in two looseleaf binders. 'Hard
copy' publication has ceased, however, and CJI2d is now published
exclusively on the Unified Court System's website [ http://www.courts.state.ny.us/juryinst.htm].
All CJI2d charges that initially appeared in 'hard copy' are
now found on the website, either as originally drafted or as
updated. The UCS website, therefore, is now the only current
and official publication of CJI2d charges.
With a few exceptions, CJI2d has superseded the charges in Volumes
2 and 3 of the CJI for crimes defined in the Penal Law. It has
also superseded the core charges of 'General Applicability' that
appear in Volume 1 of CJI. There are, however, charges of 'General
Applicability' in CJI that have not yet been addressed by CJI2d.
Those CJI charges were drafted nearly twenty years ago, and judges
should be careful when using them to make sure that they still
comport with current New York law.
The CJI2d website itself has recently been revised in the hope
of making it more user-friendly. The charges can now be downloaded
in either a WordPerfect or 'pdf' format. Publication on the website
also has the advantage of allowing more timely and rapid distribution
than would be possible through a 'hard copy' publication. We
invite you to visit the website and let us know if you have any
questions, suggestions, or corrections. Finally, we have developed
a separate citation form for CJI2d jury charges. Citations for
charges published in the original CJI used the volume number.
Thus, 1 CJI and 2 CJI both refer to the original CJI. Neither
refers to CJI2d.
Citations to CJI2d charges should be in the following format:
(1) For charges of general applicability, cite as follows:
CJI2d [NY] specify charge
e.g., CJI2d [NY] Accessorial Liability
If the charge of general applicability states that it has been
revised on a particular date, include in parentheses the word
'Revised' and the date of the revision.
e.g., CJI2d [NY] Accessorial Liability (Revised July 29, 2002).
(2) For Penal Law charges, cite as follows:
CJI2d [NY] Penal Law ¤specify
e.g., CJI2d [NY] Penal Law ¤220.39.
If the Penal Law charge states that it has been revised on a
particular date, include in parentheses the word 'Revised' and
the date of the revision.
e.g., CJI2d [NY] Penal Law ¤220.39 (Revised June 10, 1995).
(3) For charges of other crimes, cite as follows:
CJI2d [NY] specify law and section
e.g., CJI2d [NY] Vehicle and Traffic Law ¤1192
If the charge states that it has been revised on a particular
date, include in parentheses the word 'Revised' and the date
of the revision.
CJI2d [NY] specify law and section (Revised specify date)
(4) For charges of former crimes, cite as follows:
CJI2d [NY] specify applicable law
e.g. CJI2d [NY] Penal Law Former ¤130.35(1).
(5) For capital charges, cite as follows:
CJI2d [NY] Capital Sentencing; Preliminary Instructions and Voir
Dire
CJI2d [NY]; Capital Sentencing; Basic Final Instructions
We are hopeful that CJI2d will continue to prove a useful tool
for all New York judges exercising criminal jurisdiction.
Hon. Patricia D. Marks
Hon. Steven W. Fisher
October 7, 2002
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