2.16 Taking a View

I am going to allow you to go to [insert location]. However, I instruct you that, while you are there, and on the way there and back, you are not to talk about what you see there or anything else relating to the case. You must simply observe. Do not do any independent exploration or experimentation while you are there.

Comment(s)

United States v. Gray, 199 F.3d 547, 549-50 (1st Cir. 1999), held that a view is admissible evidence, thereby overruling Clemente v. Carnicon-Puerto Rico Management Associates, L.C., 52 F.3d 383 (1st Cir. 1995). The instruction is based on the courtís approving quotation of a phrase from a law review note, Hulen D. Wendorf, Some Views on Jury Views, 15 Baylor L. Rev. 379 (1963). Gray suggests a number of advisable precautions in conducting a view.