Rhode Island General Laws
R.I. Gen. Laws § 8-2-38 (2026)
Instructions to jury
✓ current as of July 2026
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In every case, civil and criminal, tried in the superior court with a jury, the justice presiding shall instruct the jury in the law relating to the action, and may sum up the evidence therein to the jury whenever he or she may deem it advisable so to do; but any material misstatement of the testimony by him or her may be excepted to by the party aggrieved.
Notes of Decisions
Cited in 47
cases (2 in the last 5 years), 1963–2025 · leading case: State v. Graham, 941 A.2d 848 (R.I. 2008).
State v. Graham, 941 A.2d 848 (R.I. 2008). “In accordance with G.L. 1956 § 8-2-38, we determine whether the jury charge “sufficiently addresses the requested instructions and correctly states the applicable law.”
State v. Imbruglia, 913 A.2d 1022 (R.I. 2007). “Pursuant to G.L.1956 § 8-2-38, 2 a trial justice must instruct the jury on the legal principles that are to be applied to the issues raised in each case.”
State v. Vargas, 420 A.2d 809 (R.I. 1980). “1956 (1969 Reenactment) § 8-2-38 to instruct the jury on the law of manslaughter.”
State v. Ros, 973 A.2d 1148 (R.I. 2009). “Pursuant to G.L.1956 § 8-2-38, “we determine whether the jury charge ‘sufficiently addresses the requested instructions and correctly states the applicable law.”
State v. Adefusika, 989 A.2d 467 (R.I. 2010). “2d at 1030 ; see generally G.L.1956 § 8-2-38. While a defendant may request that the trial justice include particular language in the jury instructions, the trial justice is not required to use any specific words or phrases when instructing the jury—so long as the instructions…”
State v. Lynch, 770 A.2d 840 (R.I. 2001). “*846 General Laws 1956 § 8-2-38 requires the trial justice to instruct the jury on the law to be applied to the issues raised by the parties.”
State v. O'BRIEN, 774 A.2d 89 (R.I. 2001). “He then proposed a curative instruction: “I would ask that you instruct the jury that the State must further prove that the interception, attempted interception, or procurement of another to intercept or attempt to intercept the oral communication was for the purpose of invading…”
State v. McGuy, 841 A.2d 1109 (R.I. 2003). “He suggests that some evidence existed from which a rational jury could conclude that he shot the victim in the heat of a sudden passion and that he did so without any malice aforethought while responding to adequate provocation: to wit, a victim who was brandishing a gun in his…”
Cady v. IMC Mortg. Co., 862 A.2d 202 (R.I. 2004). “” G.L. 1956 § 8-2-38. The trial justice instructed the jury that “if you determine that RMC’s closure excused IMC’s and RMC’s performance, then you must find for IMC and RMC and *217 must reduce any award for Mr.”
State v. Palmer, 962 A.2d 758 (R.I. 2009). “On appeal, defendant challenges the trial justice’s instruction concerning flight and also the trial justice’s handling of a defense objection to the prosecution’s exercise of a peremptory challenge with respect to a particular juror.”
State v. Garcia, 883 A.2d 1131 (R.I. 2005). “2003) (citing G.L.1956 § 8-2-38). A defendant is entitled to a jury instruction on a lesser-included offense only when the evidence justifies such an instruction and only when the evidence could support a conviction by a rational jury.”
State v. Mastracchio, 546 A.2d 165 (R.I. 1988). “General Laws 1956 (1985 Reenactment) § 8-2-38 reads: “In every case, civil and criminal, tried in the superior court with a jury, the justice presiding shall instruct the jury in the law relating to the same, and may sum up the evidence therein to the jury whenever he may deem…”
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