IN BOTH CIVIL AND CRIMINAL CASES, AFTER THE JURY IS IMPANELED, THE JUDGE SHOULD INSTRUCT THE JURORS AS TO THE BASIC ELEMENTS OF THE CLAIMS, CHARGES, AND DEFENSES. THE JUDGE MUST INFORM THE JURORS THAT THE INSTRUCTIONS ARE PRELIMINARY ONLY AND THAT THEIR DELIBERATIONS MUST BE GOVERNED BY THE FINAL INSTRUCTIONS.
G. Thomas Munsterman, et al., Jury Trial Innovations, pp. 151-53 (1997) (describing studies from the American Bar Association and others).
B. Michael Dann, “Educated & Democratic Juries”, 68 Indiana L.Rev. 1229, 1249 (1993).
Washington Jury Standard 16(c)(i) (3rd ed. 1997) (a trial judge “should give preliminary instructions directly following the empanelment of the jury that explain …the issues to be addressed and the basic relevant legal principles”) (this standard is identical to the A.B.A.’s standard).
Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, pp. 80-83 (1994).
California Blue Ribbon Commission on Jury System Improvement, Final Report, p. 95 (1996).
District of Columbia Jury Project, Juries for the Year 2000 and Beyond: Proposals to Improve the Jury Systems in Washington D.C, pp. 61-62 (1998).