The Maryland Criminal Pattern Jury Instructions, known as the MPJI-Cr, are a collection of more than 200 standardized scripts that a judge reads to jurors in a criminal case. They are published by the Maryland State Bar Association and drafted by a committee of judges and attorneys, and they translate the state’s criminal statutes and case law into language a juror without legal training can follow. They cover the presumption of innocence, the elements of individual crimes, recognized defenses, and the handling of evidence, and they are the single most influential document shaping what a jury hears before it deliberates.
What the MPJI-Cr Actually Is
The publication is organized into several broad categories: introductory and cautionary instructions, general instructions, evidentiary instructions, instructions on specific offenses, defenses, parties, and verdict sheets.1Maryland State Bar Association. Maryland Criminal Pattern Jury Instructions, 3rd Ed. (E-Pub) Each instruction comes with comments identifying the constitutional, statutory, court rule, and case law authority behind it, so the lawyers and the judge can confirm the script still matches current law.
What the MPJI-Cr is not is binding primary law.2Maryland Courts. Jury Instructions Research Guide It is a secondary resource. Judges are expected to use it, appellate courts favor it, and it carries significant weight because of who drafts and vets it, but it does not override a statute, a rule, or a controlling appellate decision.
When the Judge Reads Them
Under Maryland Rule 4-325(a), the main set of instructions comes after all the evidence has been presented and before closing arguments begin.3New York Codes, Rules and Regulations. Maryland Rules, Rule 4-325 – Instructions to the Jury That sequence lets attorneys frame their closings around the legal standards the jury has just heard.
The judge also has discretion to deliver instructions earlier.3New York Codes, Rules and Regulations. Maryland Rules, Rule 4-325 – Instructions to the Jury A judge might explain the role of the jury and the presumption of innocence at the start of trial so jurors have a framework for the testimony they are about to hear. Supplemental instructions can come later as well, including after the jury sends a question from the deliberation room.
What the Instructions Cover
General Instructions
The general instructions lay the groundwork for every criminal case. They tell jurors what counts as evidence, how to weigh witness credibility, and how to handle expert testimony. The most consequential of them is MPJI-Cr 2:02, which explains the presumption of innocence and the state’s burden of proof. It tells jurors the defendant is presumed innocent throughout every stage of trial, that the state must prove every element of the charged crime, and that the defendant has no obligation to prove innocence. It defines reasonable doubt as the kind of certainty “you would be willing to act upon without reservation in an important matter in your own business or personal affairs.”
Another significant general instruction is MPJI-Cr 2:01, sometimes called a modified Allen charge, which addresses a deadlocked jury.4Maryland Courts. Paydar v. State of Maryland (Unreported Opinion) It tells jurors they must reach a unanimous verdict, should deliberate with an open mind and reconsider their positions, but should never abandon an honest belief about the evidence just to reach agreement. A judge may read it before deliberations begin or after the jury reports it cannot agree.
Offense Instructions
The bulk of the publication addresses individual crimes. Each offense instruction breaks the charge into its required elements so jurors know exactly what the prosecution must prove. A theft instruction identifies the specific mental state and conduct the state must establish. An assault instruction distinguishes between the degrees and explains what separates one from the next. These entries reference the Maryland Criminal Law Article so the attorneys can verify the instruction tracks the current statute.
Defense Instructions
When a defendant raises a recognized defense such as self-defense, duress, or insanity, the MPJI-Cr includes a corresponding instruction that explains the defense and identifies which side carries the burden of proof on that issue. A jury that never hears a properly framed defense instruction could convict a defendant who had a valid legal justification for the conduct charged.
Are Pattern Instructions Binding on the Judge?
No. The pattern language is strongly favored because it is drafted by legal experts, vetted against current law, and designed to minimize the sort of errors that get verdicts reversed. Sticking to the script gives a trial judge a meaningful layer of protection on appeal. But the judge is not locked into it.
When the standard instruction does not fit the facts of a case, or when a party requests a non-pattern instruction supported by the evidence, the judge has to actually exercise discretion in deciding whether to give it. In Hollins v. State (2024), the Supreme Court of Maryland held that a trial court abuses its discretion when it refuses to consider a requested non-pattern instruction solely because it is not a pattern instruction. The court must weigh whether the evidence supports the instruction, not simply default to the published scripts.
The Charging Conference
Before the judge reads anything to the jury, the attorneys and the judge meet in a charging conference. Each side proposes instructions it wants included, objects to instructions the other side requests, and argues about whether the pattern language needs modification to fit the evidence that came in at trial.
Under Rule 4-325(c), the court must instruct the jury on the applicable law when a party requests it.3New York Codes, Rules and Regulations. Maryland Rules, Rule 4-325 – Instructions to the Jury The judge is required to give a requested instruction if it correctly states the law and has not already been covered. These conferences can be brief in a straightforward case or run for hours in a complex trial involving multiple charges, defenses, and lesser-included offenses.
Objecting to Preserve an Error for Appeal
If an attorney believes the judge gave an incorrect instruction or refused a necessary one, the time to speak up is immediately after the instructions are read. Rule 4-325(f) bars a party from raising an instructional error on appeal unless that party objected on the record promptly after the jury was instructed, stating specifically what was wrong and why.3New York Codes, Rules and Regulations. Maryland Rules, Rule 4-325 – Instructions to the Jury A vague or general objection will not preserve the issue. The rule also allows any party to make the objection outside the jury’s hearing.
There is one safety valve. Even without a proper objection, an appellate court can recognize plain error in the instructions if the mistake is material to the defendant’s rights.3New York Codes, Rules and Regulations. Maryland Rules, Rule 4-325 – Instructions to the Jury Plain error review is narrow, and appellate courts use it sparingly. A defendant whose lawyer failed to object at trial faces a much steeper climb to overturn a conviction.
What the Jury Takes Into Deliberations
Jurors do not automatically receive a written copy of the instructions. Under Rule 4-326(b), written or electronically recorded instructions may go into the jury room only with the court’s permission.5New York Codes, Rules and Regulations. Maryland Rules, Rule 4-326 – Jury Review of Evidence Communications Whether the judge grants that permission varies by courtroom, and either side can argue for or against it.
Jurors are entitled to take notes. Under Rule 2-521(a), the court must provide paper notepads if any party requests them, and jurors can bring those notes into the deliberation room.6New York Codes, Rules and Regulations. Maryland Rules, Rule 2-521 – Jury Review of Evidence Communications Notes belong only to the juror who wrote them and cannot be shared with other jurors.
Federal Cases in Maryland Work Differently
The MPJI-Cr applies only in Maryland state court. If a criminal case is prosecuted in federal court in Maryland, the Fourth Circuit does not publish its own approved set of pattern jury instructions.2Maryland Courts. Jury Instructions Research Guide Federal practitioners rely on commercially published resources, and the centralized, bar-vetted framework that state practice takes for granted is not there.
Where to Find the Instructions
The Maryland State Bar Association sells the MPJI-Cr through its online store in looseleaf, paperback, and electronic formats.7Maryland State Bar Association. Maryland Criminal Pattern Jury Instructions, 3d Ed. 2025 Update The paperback 2025 update is $199 for MSBA members and $399 for non-members.8Maryland State Bar Association. Maryland Criminal Pattern Jury Instructions, 3d Ed. 2025 Update Because statutes and case law change, the MSBA releases periodic supplements, and anyone relying on the instructions should confirm they are using the most current version.
If you do not want to buy a copy, Maryland county law libraries keep updated volumes that the public can review on-site at no cost. The full text of the instructions is not freely available online, so for most non-lawyers a county law library visit is the practical option.