Mississippi Model Jury Instructions- Criminal
CHAPTER 2 COURT’S INSTRUCTIONS – EVIDENCE

210 Flight by the Defendant – Evidence of Guilt

The defendant’s flight is a circumstance from which you can infer the defendant’s guilty knowledge or fear. If you find beyond a reasonable doubt from the evidence in this case that the defendant fled from the [specify the location from where the defendant allegedly fled], then the defendant’s flight should be considered in connection with all the other evidence in this case. You should determine from all of the facts whether the defendant’s flight was from a conscious sense of guilt or whether is was caused by other things. You should give it such weight as you think it should have in determining [name of defendant]’s guilt or innocence.

Sources

Mississippi Model Jury Instructions – Criminal 3:18 and 3:19.

Mask v. State, 996 So. 2d 106, 108-09 (Miss. Ct. App. 2008) (Finding no reversible error in the trial court granting a flight jury instruction which stated: The Court instructs the Jury that flight is a circumstance from which guilty knowledge and fear may be inferred. If you find from the evidence in this case, beyond a reasonable doubt, that the defendant did flee from the scene of the death of [victim], then the flight of [the defendant] is to be considered with all other evidence in this case. You will determine from all of the facts whether the flight was from a conscious sense of guilt or whether it was caused by other things, and give it such weight as you think it is entitled to in determining the guilt or innocence of [the defendant].). Practice Note: The trial court should grant this instruction with caution.

 

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