West Virginia Homicide Jury Instructions Project Professor James R. Elkins & Students at the West Virginia University College of Law [Spring][2006]




Jury Instruction Revision: Commentary & Articles

Commentary on Jury Instructions:

What is the Law? - Finding Jury Instructions

Jury Instructions Related to the Law of Homicide

Plain-English Jury Instructions
American Judicature Society

Communicating with Juries: How to Draft More
Understandable Jury Instructions

Linguistics and the Law

Massachusetts Cases on Jury Instructions

Articles [by Thomas Lundy, Criminal appellate criminal practitioner since 1974 focusing on serious felony and capital cases; five years senior staff attorney for the California State Public Defenders Office; Editor-in-Chief, JuryInstruction.com] [I wish to express thanks, both on behalf of my students and I, to Thomas Lundy, for his help during the course of this project.]:

Argument vs. Instruction

Going Beyond The Standard Pattern Instructions Part I: The Inherent Limitations Of Pattern Instructions

Going Beyond The Standard Pattern Instructions Part II: Strategies For Persuading The Trial Judge To Modify Or Supplement The Pattern Instructions

Going Beyond The Standard Pattern Instructions Part III: Jury Instruction Strategies When The Judge Says "No"

Willfulness and General Intent

Adventures in the Wonderland of Specific Intent

Affirmative Defenses: Avoiding The "All-Or-Nothing" Trap

A Strategy For Explaining Proof Beyond A Reasonable Doubt

Accomplice (Aiding & Abetting) Issues

Is An Attempt Always A Lesser Included Of The Completed Crime?

Jury Instruction Requests: Trial Counsel's Duties

Provocation/Heat of Passion
[Stephen Greenberg, an appellate practitioner Grass Valley, California]