Wisconsin State Law Library

New and Updated Jury Instructions - Carol Hassler

The Library partners with the Office of Judicial Education to provide free access to the Wisconsin Jury Instructions on our website. The Wisconsin Jury Instructions are created and edited by the Wisconsin Jury Instructions Committees of the Wisconsin Judicial Conference. In July we added new and updated instructions for the Criminal and Children's sets. For more information about the Wisconsin Jury Instructions Committees or instructions, contact the reporter Bryce Pierson.

Criminal Jury Instructions

The most recent supplement to the Wisconsin Criminal Jury Instructions has been approved by the Wisconsin Judicial Conference's Criminal Jury Instructions Committee. The sixtieth supplement to this publication includes new, updated, and withdrawn instructions for the set. These updates reflect material approved through June 2022.

While updated instructions can be downloaded at any time from our website, many readers may wish to keep their print sets up-to-date. To do so, download and print the sixtieth release. Blank pages have been inserted to make double sided printing easier. File new and updated instructions, along with the updated table of cases and index in your print set. A complete, printable file of all the current Criminal Jury Instructions and finding aids is also available.

New instructions

• 997 (New) Elder Person Victims § 939.623
• 1204 (New) First Degree Sexual Assault: Against an Individual Who is 60 Years of Age or Older § 940.225(1)(d)
• 1204 Example (New) First Degree Sexual Assault: Against an Individual Who is 60 Years of Age or Older § 940.225(1)(d)
• 1217B (New) Second Degree Sexual Assault: Sexual Contact or Intercourse by a Law Enforcement Officer with a Person Detained or In Custody § 940.225(2)(k)
• 1249A (New) Physical Abuse of an Elder Person: Intentional Causation of Great Bodily Harm § 940.198(2)(a)
• 1249B (New) Physical Abuse of an Elder Person: Intentional Causation of Bodily Harm § 940.198(2)(b)
• 1249C (New) Physical Abuse of an Elder Person: Intentional Causation of Bodily Harm to an Elder Person Under Circumstances or Conditions that are Likely to Produce Great Bodily Harm § 940.198(2)(c)
• 1249D (New) Physical Abuse of an Elder Person: Reckless Causation of Great Bodily Harm § 940.198(3)(a)
• 1249E (New) Physical Abuse of an Elder Person: Reckless Causation of Bodily Harm § 940.198(3)(b)
• 1249F (New) Physical Abuse of an Elder Person: Reckless Causation of Bodily Harm to an Elder Person Under Circumstances or Conditions that are Likely to Produce Great Bodily Harm § 940.198(3)(c)
• 2199 (New) Sex Offender Name Change § 301.47(2)(a)-(b)
• SM-9 (New) When a Jury Requests to Hear/See Audio/Visual Evidence During Deliberations

Updated instructions

• Introductory materials
• 50 Preliminary Instruction: Jurors' Conduct; Evidence; Transcripts Not Available; Credibility; Substantive Issues; Opening Statement
• 58 Transcripts Not Available for Deliberations; Reading Back Testimony
• 158 Recording Played to the Jury
• 300 Credibility of Witnesses
• 800 Privilege: Self-Defense: Force Less Than That Likely to Cause Death or Great Bodily Harm
• 801 Privilege: Self-Defense: Force Less Than That Likely to Cause Death or Great Bodily Harm: Crimes Involving Recklessness or Negligence
• 805 Privilege: Self-Defense: Force Intended or Likely to Cause Death or Great Bodily Harm
• 805A Law Note: Self-defense under § 939.48(1m)
• 820 Privilege: Self-Defense: Injury to Third Party Charged as Reckless or Negligent Crime
• 821 Privilege: Self-Defense: Unintended Harm to Third Party Charged as Intentional Crime
• 901 Cause
• 1021 First Degree Reckless Homicide
• 1030 Felony Murder: Underlying Crime Completed
• 1031 Felony Murder: Underlying Crime Attempted
• 1032 Felony Murder: Death Caused While Committing a Crime as a Party to the Crime: Aiding And Abetting
• 1208 Second Degree Sexual Assault: Sexual Contact or Intercourse Without Consent by Use or Threat of Force or Violence
• 1209 Second Degree Sexual Assault: Sexual Contact or Intercourse Without Consent Causing Injury, Illness, Disease or Impairment of a Sexual or Reproductive Organ, or Mental Anguish Requiring Psychiatric Care
• 1212 Second Degree Sexual Assault: Sexual Contact or Intercourse with a Person Who is Under the Influence of an Intoxicant
• 1213 Second Degree Sexual Assault: Sexual Contact or Intercourse with a Person the Defendant Knows is Unconscious
• 1214 Second Degree Sexual Assault: Sexual Contact or Intercourse Without Consent While Aided and Abetted
• 1215 Second Degree Sexual Assault: Sexual Contact or Intercourse with a Patient or Resident
• 1216 Second Degree Sexual Assault: Sexual Contact or Intercourse by a Correctional Staff Member
• 1217 Second Degree Sexual Assault: Sexual Contact or Intercourse by a Probation, Parole, or Extended Supervision Agent
• 1217A Second Degree Sexual Assault: Sexual Contact or Intercourse by an Employee of an Entity
• 1226 Battery with Substantial Risk of Great Bodily Harm
• 1228A Battery by a Person Committed under § 980.065
• 1231 Battery to a Probation, Extended Supervision and Parole Agent, Community Supervision Agent, or An Aftercare Agent
• 1237 Battery to an Emergency Medical Care Provider
• 1238 Battery or Threat to a Witness [Witness Has Attended or Testified]
• 1241A Battery to Guardian Ad Litem, Corporation Counsel, or Attorney
• 1241B Threat to Guardian Ad Litem, Corporation Counsel, or Attorney
• 1242 Battery or Threat to a Department of Revenue Employee
• 1244 Battery or Threat to a Department of Safety and Professional Services or Department of Workforce Development Employee
• 1247B Battery or Threat to a Health Care Provider § 940.204(3)
• 1255 Strangulation and Suffocation
• 1296 Intimidation of a Victim
• 1296A Intimidation of a Person Acting on Behalf of a Victim
• 1297 Intimidation of a Victim
• 1300 Negligent Operation of a Vehicle
• 1336 Carrying a Concealed Knife
• 1424 Burglary with Intent to Commit a Felony
• 1441 Theft
• 1443 Theft by Contractor
• 1443A Theft by Contractor: Defendant Is a Corporate Officer
• 1444 Theft by Employee, Trustee, or Bailee (Embezzlement)
• 1450 Theft by One Having an Undisputed Interest in Property from One Having Superior Right of Possession
• 1453A Theft by Fraud: Representations Made to the Owner, Directly or by a Third Person
• 1453B Theft by Fraud: Representations Made to an Agent
• 1453C Theft by Fraud: Failure to Disclose as a Representation
• 1455 Theft by Failure to Return Leased or Rented Property
• 1473B Extortion: Injure or Threaten to Injure
• 1532 Incest: Sexual Intercourse Between Blood Relatives
• 1900 Disorderly Conduct
• 2664A Operating a Motor Vehicle While Under the Influence of a Combination of an Intoxicant and a Controlled Substance - Civil Forfeiture
• 2666A Operating a Motor Vehicle While Under the Influence of any Combination of an Intoxicant and any other Drug to a Degree that Renders Him or Her Incapable of Safely Driving
• 6001 Finding the Amount of Controlled Substance

Withdrawn instructions

• 1243 (Withdrawn) Battery to a Nurse
  

Children's Jury Instructions

In late July, new and updated Children's jury instructions were added to the site. If you are maintaining print sets of jury instructions, you may wish to wait for the next full release before printing a copy for your collection. The full release will include updated finding aids and title pages for those who wish to maintain their current Children's jury instructions in the same way that Civil and Criminal are updated. However, if you prefer you can print the entire current set of Children's jury instructions now, using the compilation file.

New

• 70 Transcripts not available for deliberations; reading back testimony
• 75 Recording played to the jury

Updated

• 324 Continuing Need of Protection or Services [Wis. Stat. § 48.415(2)(a)]

Withdrawn

• 324A Continuing Need of Protection or Services (April 21, 2006, and where 2017 Wis. Act 256 does not apply) [Wis. Stat. § 48.415(2)(a)]
• 324B Continuing Need of Protection or Services (Before April 21, 2006, and where 2017 Wis. Act 256 does not apply) [Wis. Stat. § 48.415(2)(a)1]

Up to Top

New Books - Kari Zelinka

New Edition! Landmark Indian Law Cases, 2nd edition, edited by Joel West Williams, 2022
Call Number: KF 8204.5 .L36 2022

Important federal indigenous peoples' law decisions issued by the Supreme Court are brought together in this newly updated book, Landmark Indian Law Cases. In this second edition, a summary has been added to each case to explain why it is a landmark case and the key holdings of the decision. Five new cases have been added and five whose importance have waned are no longer included. West headnotes are included and you can look up cases by title or subject.  

Topics include:

• Gambling
• Hunting, fishing, trapping and gathering rights
• Adoption
• Mineral rights
• Indian child welfare act
• Religious freedom
• Taxation
• State benefits, entitlement of Indians
• Water rights

New Edition!  Newberg and Rubenstein on Class Actions, 6th ed., 2022
Call Number: KF8896 .N4 C56 2022
Many types of class actions are covered in the updated, 6th edition of Newberg and Rubenstein on Class Actions, including antitrust, bankruptcy, consumer credit and fraud, intellectual property, and more. This multi-volume set provides inclusive coverage from pre-trial to final resolution. It looks at strategy, agreements, settlements, torts, fees, and damages. Stop by the library to peruse or check out a volume when the need arises!
Chapters include:

• Standing and mootness
• Jurisdiction
• Notice
• Absent class members
• Management of the class suit
• Trial
• Damages
• Settlement
• Consumer class actions
• Securities class actions
• Employment class actions

See our latest New Titles list for a list of new books and other resources.

For assistance in accessing these or other resources, please contact our Reference Desk.

Up to Top

Tech Tip - Heidi Yelk

Smart Notebooks

As much as we all love our digital devices, there are situations when paper and pencil simply feel more appropriate or even easier than taking notes on a laptop. Studies have shown that the notetaking process differs when taking handwritten notes, possibly leading to better comprehension. And sometimes a screen creates an unwanted barrier between yourself and a client or co-worker.

Enter the smart notebook. Smart notebooks are a good solution for people who prefer note-taking by hand but crave the organization and paper reduction offered by a digital device. Smart notebooks and similar tablet writing tools typically range in price from $30.00 (for smart notebooks) up to $500.00 (for an iPad or tablet). They generally require interaction using a smart phone app to capture notes and store them in digital format.

An article on notebooks for increasing productivity from Popular Mechanics provides a good review of smart notebook options. Several products reviewed are from Rocketbook, a pioneer of this technology. To glimpse how one lawyer uses a smart notebook, see Elizabeth Ruiz Frost's column in the Oregon State Bar Bulletin, Better, Smarter, More Efficient. For a view of taking notes on an iPad with Apple Pencil, read Alexander Young's blog post, How I Take Notes on my iPad Pro - Note Taking in Medical School and Work 2022.

Image by Karolina Grabowska from Pixabay

Up to Top

Library News - Carol Hassler

Webinar learning opportunities

Dig into legislative history this fall with our scheduled webinars. Registration is limited to 100 and all registrations will be approved daily by the moderator. Once your registration is approved, you will get an email confirmation with connection information. Please reach out to abigail.case@wicourts.gov with questions.

Basic Knowledge for Legislative Research in Wisconsin
Wednesday, September 21, 12:00 - 1:00 p.m.
Location: Live webinar - Register for Basic Knowledge for Legislative Research in Wisconsin
FREE

Get an introduction to the basic tools for understanding the legislative process: the format of legislative documents, the vocabulary, tips on reading statutes, and using information associated with the statutes to better understand and more easily research state law. This class is a great prequel to drafting file research and is appropriate for any legal researcher interested in the Wisconsin legislative process.

Introduction to Wisconsin Legislative History
Wednesday October 19, 12:00 - 1:00 p.m.
Location: Live webinar - Register for Introduction to Wisconsin Legislative History
FREE

I need the legislative history of a Wisconsin statute. Where do I start? What do I do? Participants will look at the primary resources used to research Wisconsin legislative history, learn about the online Wisconsin legislative drafting files, and learn some helpful tips and tricks along the way. This introductory class covers basic research strategies and sources.

Welcome new staff

We are excited to welcome Faymarie Pluskota to the Milwaukee County Law Library (MCLL) as Library Associate. Faymarie brings many years of law library experience to MCLL, including public law library and law firm experience. Welcome, Faymarie!

Water Law Research

This month's Wisconsin Lawyer magazine includes the latest articles in its water law series, including a research guide written by librarian Carol Hassler: Legal Resources: Researching Stormwater and Flood Management.

Libraries closed for holiday

All three libraries will be closed on Monday, September 5 for the Labor Day holiday. Send questions and requests to wsll.ref@wicourts.gov or leave a message at 608-267-9696. We'll get back to you on Tuesday, September 6th.

Up to Top

August Snapshot

The Badger
Photo by Francis X. Sullivan

Badgers, Wisconsin's state animal, can be found throughout the Wisconsin State Capitol grounds. Wisconsin's badger nickname hearkens back to the historical lead mining industry, a reference to miners who dug tunnels and took up residence in old mines. Far from underground, this warmly lit badger overlooks one of the entryways to the Capitol's four main chambers.

We are accepting snapshots! Do you have a photo highlighting libraries, attractions or points of historical interest? Send your photo to the editor at carol.hassler@wicourts.gov to be included in a future issue.

Up to Top