|
Alternative Choices
Parentheses are used to
indicate that a choice between words or phrases is necessary. This
is most commonly used for gender-specific pronouns, e.g., (he/she)
or (his/her). It is also used when a statute offers several terms,
not all of which may be applicable to the charged offense. If a
statute has choices that are lengthy, such that stringing them
together in a single parentheses would be cumbersome to read, they
are separated into a bulleted list. For example,
a person is guilty of kidnapping in the
first degree when (he/she) abducts another person and (his/her)
intent is to compel a third person <insert as appropriate:>
Optional Language
Square brackets are used
to indicate that a portion of the instruction is optional. It will
be preceeded by an italicized directive defining the circumstances
under which the language would be appropriate, unless it is clear
from the language itself. For example,
[<If the defendant has testified
about (his/her) intent:> In this case, the defendant has
testified as to (his/her) intent. You should consider my earlier
instruction on evaluating the defendant's testimony as you would any
other witness.]
Note that square
brackets in commentary have their common meaning, i.e., the
paraphrasing of small portions of quoted material.
Definitions of Terms
Terms that are defined by
statute or case law are hyperlinked to the glossary.
|
