The acronym "MAI-CR 3d" refers to Missouri Approved Instructions - Criminal, Third Edition. The pattern jury instructions in this book together with the Notes on Use have been adopted and approved by the Supreme Court. Their use is governed by Rule 28. When an MAI-CR 3d instruction or verdict form is applicable, that instruction or verdict form must be given to the exclusion of any other on the same subject. If no MAI-CR 3d instruction is applicable, or if an existing MAI-CR 3d instruction must be modified, the new or modified instruction should not contain detailed evidentiary facts. It must be simple, free from argument, and must otherwise follow the format of MAI-CR 3d instructions.

Rule 28.02(f) states, "The giving or failing to give an instruction or verdict form in violation of this rule or any applicable Notes on Use shall constitute error, its prejudicial effect to be judicially determined."

Instructions in the 300.00 and 302.00 Series must be given in all cases, except MAI-CR 3d 300.20 will be given only when applicable. Instructions in the 304.00 Series include general verdict directing forms, defenses, and verdict mechanics that must be given where applicable. Instructions in the 306.00 Series must be given where applicable, whether requested or not. Instructions in the 308.00 Series, if applicable, must be given by the Court if requested by the defendant. Instructions in the 310.00 Series, if applicable, must be given upon request of either party. Instructions in the 312.00 Series may be given after deliberations, when appropriate, at the discretion of the Court. Instructions in the 313.00 Series through 332.00 Series contain verdict directing forms and Notes on Use pertaining to many crimes. However, they do not contain a verdict directing form for all crimes. The 333.00 Series contains definitions. No so-called flight or counter-flight instruction may be given.

In any case where either or both parties are entitled to request an instruction, the Court may give the instruction on its own motion except:

(a) If prohibited from doing so in the Notes on Use to the instruction.

(b) MAI-CR 3d 308.14 may not be given on the Court's own motion.

To request an instruction, a party must submit the instruction to the Court in writing in duplicate, with an additional copy for each party. Rule 28.02(b). Each copy, but not the original, must contain the notation:

"MAI-CR 3d ______," "MAI-CR 3d Modified ______," or "Not in MAI,"

as the case may be.

The Supreme Court's Committee on Jury Instructions and Charges - Criminal has presented to the Court the proposals contained in this Third Edition of MAI-CR. The Court has adopted these proposals without judicially deciding or foreclosing any legal, constitutional, procedural, instructional, or other issues that may arise in cases even though the procedures, instructions, and Notes on Use adopted by the Court are followed and used.

The instructions in this book must be used for all trials occurring on or after January 1, 1987, provided that the instruction reflects the substantive law concerning the offense. The instruction must reflect the substantive law concerning the offense in effect as of the time of the commission of the offense.

For crimes occurring after January 1, 1987, care also must be taken to insure that no change by statute or court decision has been made that requires that the instruction be modified or not used. To assist you in making these determinations, you should examine Notes on Use 1 to the instructions you are considering. Notes on Use 1 sets forth the statutory basis for the instruction and the predecessor MAI-CR 2d instruction, if any. Pertinent appellate decisions should be examined, as well as changes in the Revised Statutes of Missouri on or after January 1, 1987.

FORMAT OF INSTRUCTIONS AND VERDICT FORMS Each instruction and verdict form is followed by approved Notes

on Use.

In the instructions, parentheses enclose words or phrases that will be either omitted or included, depending upon the facts of the case being submitted. Brackets contain directions concerning the use or completion of the instructions. These directions may instruct the user how to use specific words or phrases contained in the instruction. Or, they may be suggestions for the drafting of other appropriate language to be inserted in the instruction. Additional directions concerning the use of words or phrases in an instruction may be found in the Notes on Use thereto.

To facilitate the addition of instructions, the set has been published in loose-leaf form. Each page is dated so that if changes become necessary the most recent approved form can be identified and checked against the orders of the Supreme Court, which will also be published and circulated so that they can be added to this book.

Each page is numbered at the bottom thereof. The first number refers to the Series to which the instruction or verdict form belongs. The second number, following the hyphen, refers to the page number within that particular Series.

Instructions fall in the following categories and should be used as indicated: (See Examples in Series 350 for further clarification.)

A. Instructions read, but not given, to the jury. 1. MAI-CR 3d 300.02 must be read to the jury panel prior to voir dire.

2. MAI-CR 3d 300.04 must be read at the first recess, either during the voir dire examination or at its conclusion.

3. MAI-CR 3d 300.06 must be read to the jury after the jury is sworn and before any other instruction.

B. Instructions read and given to the jury in every case. 1. MAI-CR 3d 302.01 and 302.02 must be read before opening statements. They will be given to the jury along with the other instructions for use during its deliberations. They will be numbered as instructions 1 and 2.

2. MAI-CR 3d 302.03 shall be read to the jury as the first of the instructions given at the close of the case and before argument of counsel. It will be numbered as instruction 3.

3. MAI-CR 3d 302.04 shall be read to the jury as the second instruction given at the close of the case. This will be numbered as instruction 4.

4. MAI-CR 3d 302.05 shall be read to the jury as the next to the last instruction at the close of the case.

5. MAI-CR 3d 302.06 shall be read to the jury as the last instruction at the close of the case.

C. Verdict directing instructions.

One or more verdict directing instructions for the state following the form of MAI-CR 3d 304.02 will be used in each case. In most instances, a verdict directing instruction for use with reference to particular offenses will be found in the Series beginning with the 313.00 Series.

Where necessary, the verdict directing instruction must be modified to instruct on the general responsibility of one person for the conduct of others. See MAI-CR 3d 304.04.

Verdict directing instructions submitting lesser graded or included offenses will be included where supported by the evidence and requested by one of the parties or on the Court's own motion. See section G to MAI-CR 3d 304.11 and Notes on Use 3b to MAI-CR 3d 304.02.

The submission of the range of punishment will usually conclude the verdict directing instruction. See the Notes on Use to MAI-CR 3d 304.08 for situations when a range of punishment paragraph will not be given.

Instructions which fall in this category involve either mental disease or defect, or justification. See MAI-CR 3d 306.02 through 306.22.

The 308.00 Series sets forth instructions which must be given if requested by the defendant. See also Defenses, MAI-CR 3d 304.11.

The 310.00 Series sets forth instructions which must be given if requested by either the state or the defendant.

Some instructions include all definitions required or permitted by that instruction and its Notes on Use. Other instructions do not include all the definitions permitted and have Notes on Use which permit terms to be defined. See the appropriate verdict director and its Notes on Use concerning the definition of terms. See also MAI-CR 3d 333.00.

Where necessary, one or more instructions on verdict possibilities will be given. See the 304.00 Series.

Appropriate verdict forms will be presented to the jury, but will not be read to the jury by the Court. See the 304.00 Series. See also the Notes on Use to the appropriate verdict directing instructions to determine what modifications, if any, are required to the verdict forms.

See the 312.00 Series for instructions which the Court may give, when appropriate, after deliberations have commenced, and Supplemental Notes to the 333.00 Series on Jury Questions.

If you are trying a homicide case, see Supplemental Notes on Use applicable to the 313.00 Series.

The following check-list will assist you in assembling a complete set of instructions.

Some cases will be submitted under multiple counts. Most, but not all, of the instructions contain parenthetical phrases intended to alert the user of MAI-CR 3d to the necessity of limiting the instructions and verdict forms to specific charges in a multiple count submission. In some few cases, multiple counts will submit alternative theories requiring only one verdict.

A complete set of verdict forms must be supplied for each count, whether or not submitted in the alternative. See the 304.00 Series. For instructions on verdict possibilities, see the 304.00 Series.

If a homicide case is being tried with multiple counts, see Notes on Use 4 and Committee Comment to MAI-CR 3d 313.30.

Where one or more defendants are being tried under single or multiple counts, the instructions given must be limited to the defendant to whom it is applicable, and, in addition, to the count or counts to which they apply. The name of the particular defendant to which the instruction is directed should be inserted wherever there is a reference to "the defendant." No one verdict directing instruction for the state should direct a verdict against more than one defendant. When multiple defendants are being tried, a verdict possibilities instruction should be given. A complete set of verdict forms must be supplied for each defendant and, where necessary, each count submitted.

If so, the Court should consider whether the verdict director should be modified pursuant to MAI-CR 3d 304.04.

If so, modify the verdict director as indicated in MAI-CR 3d 304.06.

If so, Notes on Use 3b to MAI-CR 3d 304.02 should be consulted in formulating the lesser graded or included offenses. A complete set of verdict forms must be supplied for each offense submitted against each defendant, but only one form for a "Not Guilty" finding should be included for each count submitted against any one defendant.

If yes, then the verdict director may make reference to that separate instruction. However, whether the verdict director is so modified depends on the particular defense. See MAI-CR 3d 304.11 on Defenses, as well as the Notes on Use to the particular defense.

Instructions required if requested by defendant are set forth in the 308.00 Series. Instructions required if requested by the state or by the defendant are in the 310.00 Series.

If so, then the verdict director will contain the appropriate range of punishment. If not, the range of punishment will be omitted. See MAI-CR 3d 304.08.