General Matters of the DUTY TO FOLLOW INSTRUCTIONS

• Jurisdiction: United States
• Section: General Matters

1.04

GENERAL MATTERS

9

1.04

DUTY TO FOLLOW INSTRUCTIONS

You, as jurors, are the judges of the facts. But in

determining what actually happened—that is, in reaching

your decision as to the facts—it is your sworn duty to follow

all of the rules of law as I explain them to you.

You have no right to disregard or give special attention

to any one instruction, or to question the wisdom or correct-

ness of any rule I may state to you. You must not substitute

or follow your own notion or opinion as to what the law is or

ought to be. It is your duty to apply the law as I explain it to

you, regardless of the consequences. However, you should not

read into these instructions, or anything else I may have said

or done, any suggestion as to what your verdict should be.

That is entirely up to you.

It is also your duty to base your verdict solely upon the

evidence, without prejudice or sympathy. That was the

promise you made and the oath you took.

Comment

“The [jury] instructions as a whole need not be f‌lawless, but . . . upon

hearing the instructions, the jury [must be able to understand] the issues

to be resolved and its duty to resolve them.” United States v. Fredette, 315

F.3d 1235, 1240 (10th Cir. 2003) (quotation omitted).