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Rule 646 – Material Permitted in Possession of the Jury

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) Upon retiring, the jury may take with it such exhibits as the trial judge deems proper, except as provided in paragraph (C).
(B) The trial judge may permit the members of the jury to have for use during deliberations written copies of the portion of the judge’s charge on the elements of the offenses, lesser included offenses, and any defense upon which the jury has been instructed.

(1) If the judge permits the jury to have written copies of the portion of the judge’s charge on the elements of the offenses, lesser included offenses, and any defense upon which the jury has been instructed, the judge shall provide that portion of the charge in its entirety.
(2) The judge shall instruct the jury about the use of the written charge. At a minimum, the judge shall instruct the jurors that

(a) the entire charge, written and oral, shall be given equal weight; and
(b) the jury may submit questions regarding any portion of the charge.
(C) During deliberations, the jury shall not be permitted to have:

(1) a transcript of any trial testimony;
(2) a copy of any written or otherwise recorded confession by the defendant;
(3) a copy of the information or indictment; and
(4) except as provided in paragraph (B), written jury instructions.
(D) The jurors shall be permitted to have their notes for use during deliberations.

234 Pa. Code ยง 646

Amended by Pennsylvania Bulletin, Vol 45, No. 30. July 25, 2015, effective 10/1/2015

Committee Explanatory Reports:

Final Report explaining the July 7, 2015 Comment revision correcting a cross-reference to Rule 647 published with the Court’s Order at 45 Pa.B. 3985 (July 25, 2015).