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2.10-3 Sympathy
Revised to May 10, 2012
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.
In addition, as I indicated earlier, your verdict must be based on the evidence and you
may not go outside the evidence to find facts; that is, you may not resort to guesswork,
conjecture or suspicion, and you must not be influenced by any personal likes or dislikes,
opinions, prejudices, biases or sympathy.
In sum, your task is to render a verdict based on facts and not on concerns about punishment,
sympathy, prejudice or bias. I instruct you that decisions based upon biases for or against
other people or stereotypes regarding other people have no place in the courtroom.
Commentary
The second paragraph 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.