M Civ JI 2.06 Jurors to Keep Open Minds

(1) Because the law requires that cases be decided only on the evidence presented during the trial and only by the deliberating jurors, you must keep an open mind and not make a decision about anything in the case until after you have (a) heard all of the evidence, (b) heard the closing arguments of counsel, (c) received all of my instructions on the law and the verdict form, and (d) any alternate jurors have been excused. At that time, you will be sent to the jury room to decide the case. Sympathy must not influence your decision. Nor should your decision be influenced by prejudice or bias regarding disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties.

Each of us may have biases about or certain perceptions or stereotypes of other people. We may be aware of some of our biases, though we may not share them with others. We may not be fully aware of some of our other biases.

As jurors, you are being asked to make very important decisions in this case. You must not let prejudice or public opinion influence your decision. You must not be biased in favor of or against any party, witness, or lawyer because of his or her disability, gender or gender identity, race, religion, ethnicity, sexual orientation, age, national origin, socioeconomic status or any other factor irrelevant to the rights of the parties.

Your verdict must be based solely on the evidence presented. You must carefully evaluate the evidence and resist any urge to reach a verdict that is influenced by bias for or against any party, witness, or lawyer.

Take the time you need to reflect carefully about the evidence. I caution you to avoid reaching conclusions that may have been influenced by unintended stereotypes or associations. You must each reach your own conclusions about this case individually, but you should do so only after listening to and considering the opinions of the other jurors, who may have different backgrounds and perspectives from yours. Working together will help achieve a fair result.

As you deliberate with your fellow jurors, it is important to keep an open mind about the evidence, including how it may be viewed through different perspectives. I encourage you to explain to your fellow jurors the reasons why you believe the evidence supports your decision to vote a certain way. It is equally important for you to listen to your fellow jurors, and to carefully consider any differing points of view.

(1) [ Alternative A ] (Before you are sent to the jury room to decide the case, you may discuss the case among yourselves during recesses in the trial, but there are strict rules that must be followed.

First, you may only discuss the case when (a) all of you are together, (b) you are all in the jury room, and (c) no one else is present in the jury room. You must not discuss the case under any other circumstances. The reason you may not discuss the case with other jurors while some of you are not present is that all of you are entitled to participate in all of the discussions about the case.

Second, as I stated before, you must keep an open mind until I send you to the jury room to decide the case. Your discussions before then are only tentative.

Third, you do not have to discuss the case during the trial. But if you choose to do so, you must follow the rules I have given you.)

[ Alternative B ] (Before you are sent to the jury room to decide the case, you are not to discuss the case even with the other members of the jury. This is to ensure that all of you are able to participate in all of the discussions about the case, and so that you do not begin to express opinions about the case until it has been submitted to you for deliberation.)

Note on Use

The court will choose between Alternative A or B in paragraph 2 based on the court's decision whether to permit the jurors to discuss the evidence among themselves during trial recesses.

Comment

M Civ JI 2.05 and 2.06 were deleted in October 2011 and combined into a new instruction that was designated M Civ JI 2.06. This action reflected the September 2011 amendment to MCR 2.513(K), which granted the court discretion to permit juror discussion of the evidence during trial recesses. In January 2014, a large portion of M Civ JI 2.06 was transferred to M Civ JI 2.04.

The May 2023 amendments were drawn from amended instructions suggested by the American College of Trial Lawyers and are "designed to counter cognitive flaws and focus jurors' attention, increase their use of deliberative thought, mitigate ‘confirmation bias,’ and broaden participation during jury deliberation." Improving Jury Deliberations through Jury Instructions Based on Cognitive Science, American College of Trial Lawyers, February 2019.

History

Adopted October 2011. Amended January 2014, July 2019, May 2023.