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Criminal Jury Instructions

Criminal Jury Instructions Home

4.5-6  Bribe Receiving by a Juror -- § 53a-153

Revised to December 1, 2007

The defendant is charged [in count __] with bribe receiving by a juror.  The statute defining this offense reads in pertinent part as follows: 

a juror is guilty of bribe receiving by a juror if (he/she) (solicits / accepts / agrees to accept) from another person any benefit as consideration for (his/her) decision or vote.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:  

Element 1 - Benefit sought
The first element is that the defendant (solicited / accepted / agreed to accept) a benefit from <insert name of third party>.  "Benefit" means monetary advantage, or anything regarded by the beneficiary as a monetary advantage, including any benefit to any person or entity in whose welfare the beneficiary is interested.  The mere act of soliciting a benefit is sufficient.  In this case the state alleges that the benefit involves <insert alleged benefit>. 

Element 2 - By juror
The second element is that the defendant was a juror on the date of the offense.  A "juror" is any person who has been drawn or summoned to serve or act as a juror in any court. 

Element 3 - As consideration for vote
The third element is that the benefit was consideration for the juror's vote or decision.  The defendant and <insert name of third party> must have both understood that the juror's decision or vote would be influenced by (his/her) acceptance of the <insert alleged benefit>.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant (solicited / accepted / agreed to accept) a benefit from <insert name of third party>, 2) the defendant was a juror, and 3) the defendant and <insert name of third party> both intended that the benefit would influence the juror's decision or vote.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of bribe receiving by a juror, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
 


 

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