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2.10-3 Sympathy
Revised to December 1, 2007
In deciding whether the defendant is guilty or not guilty, you should not concern yourselves with the punishment or potential consequence in the event of a conviction. This is a matter exclusively within the court's function under the limitations and restrictions imposed by statute. You are to find the defendant guilty or not guilty uninfluenced by the possible punishment or consequence that may follow conviction. You should not be influenced by any sympathy for the defendant, the defendant's family, the (complainant / decedent), the (complainant's / decedent's) family, or for any other person who might in any way be affected by your decision.
Commentary
The last sentence was cited in
State v. James, 54 Conn. App. 26, 49, cert. denied, 251 Conn. 903 (1999), as
curative of improper statements of prosecutor that appealed to the jury's
sympathy.