PATTERN JURY INSTRUCTIONS – ELEVENTH CIRCUIT – 2003
Go to Federal Model Instructions Table of Contents - Go to 11th Circuit Table of Contents

Preface

    These Pattern Jury Instructions, Criminal Cases, Eleventh Circuit (2003 revision), update and extend the 1997 edition published by a predecessor committee of this Circuit whose work, in turn, built upon the Pattern Jury Instructions (Criminal Cases) first published in the former Fifth Circuit in 1978.

    The objectives have remained constant. First, to simplify and to provide in words of common usage and understanding, a body of brief, uniform jury instructions, fully and accurately stating the law without needless repetition. Second, to organize the instructions in a sequential format designed to facilitate rapid assembly and reproduction of a complete jury charge in each case, suitable for submission to the jury in written form.

    As in the 1997 Edition, the instructions have been arranged in four groups:

A. Basic Instructions
B. Special Instructions
C. Offense Instructions
D. Trial Instructions.

    A. The Basic Instructions cover in a logical sequence those subjects that should normally be included in the Court's instructions in every case. When necessary, alternate versions of each instruction are provided for selection depending upon the variable circumstances of the individual case, i.e., the election of a defendant to testify or not to testify; the various forms of impeachment frequently consummated during the trial; whether there was expert opinion evidence under FRE 702; whether willfulness is an essential element of any offense charged; and whether the case involves single or multiple defendants, and single or multiple counts.

    B. The Special Instructions cover a number of subjects frequently included in the charge to the jury but may not be necessary in every case. They fall into three groups: (1) Instructions dealing with specific issues concerning the jury's consideration of the evidence such as the testimony of accomplices or informers, and those testifying with grants of immunity or some form of plea agreement; the evaluation of confessions or incriminating statements; the evaluation of similar acts evidence admitted under FRE 404(b); and the evaluation of identification testimony. (2) Instructions frequently given in tandem with the pertinent Offense Instruction(s) such as the definition of "possession;" the concept of criminal agency or aiding and abetting (18 USC 2); special state of mind instructions such as deliberate ignorance (as proof of knowledge), and intentional violation of a known legal duty (as proof of willfulness). (3) Instructions on theories of defense such as character evidence; entrapment; alibi; insanity; coercion and intimidation; good faith defense to a charge of intent to defraud; and good faith reliance upon advice of counsel.

    C. The Offense Instructions cover over 100 of the most frequently prosecuted federal offenses. They are arranged sequentially according to section number in Title 18, United States Code, beginning with 18 USC 111, Assaulting a Federal Officer. Federal crimes in other titles are arranged sequentially by Title and section number following the instructions under Title 18. These include, primarily, immigration offenses under Title 8; controlled substances offenses under Title 21; and tax offenses under Title 26.

    A separate instruction is provided for each offense beginning with a generic description of the nature of the crime followed by an enumeration of the essential elements of the offense and the definitions of the key words or phrases employed in the statement of the elements. Each instruction, when combined with the appropriate Special Instruction applicable to the case, is designed to be a complete charge concerning the offense to which it relates.

    D. The Trial Instructions also fall into three groups. (1) Alternate sets of Preliminary Instructions, to be given before opening statements, consisting of a short form designed to be used in ordinary cases of anticipated short duration, and a longer form for possible use in more complicated, protracted cases. (2) A collection of explanatory instructions frequently stated to the jury during the trial itself. (3) A modified "Allen" charge for use in appropriate circumstances during deliberations when the jury reports an impasse.

Judge Wm. Terrell Hodges, Chair
Judge James H. Hancock, Alabama
Chief Judge W. Harold Albritton, Alabama
Chief Judge Roger Vinson, Florida
Judge Donald M. Middlebrooks, Florida
Chief Judge B. Avant Edenfield, Georgia
Judge Julie E. Carnes, Georgia

1997 Preface:

PATTERN JURY INSTRUCTIONS – ELEVENTH CIRCUIT – 1997
Go to Federal Model Instructions Table of Contents - Go to 11th Circuit Table of Contents

These Pattern Jury Instructions, Criminal Cases, Eleventh Circuit (1997 revision), update and extend the 1985 edition published by a predecessor committee of this Circuit whose work, in turn, built upon the Pattern Jury Instructions (Criminal Cases) first published in the former Fifth Circuit in 1978.

The objectives have remained constant. First, to simplify and to provide in words of common usage and understanding, a body of brief, uniform jury instructions, fully and accurately stating the law without needless repetition. Second, to organize the instructions in a sequential format designed to facilitate rapid assembly and reproduction of a complete jury charge in each case, suitable for submission to the jury in written form.

As in the 1985 Edition, the instructions have been arranged in four groups:

A. Basic Instructions

B. Special Instructions

C. Offense Instructions

D. Trial Instructions.

A. The Basic Instructions cover in a logical sequence those subjects that should normally be included in the Court's instructions in every case. When necessary, alternate versions of each instruction are provided for selection depending upon the variable circumstances of the individual case, i.e., the election of a defendant to testify or not to testify; the various forms of impeachment frequently consummated during the trial; whether there was expert opinion evidence under FRE 702; whether willfulness is an essential element of any offense charged; and whether the case involves single or multiple defendants, and single or multiple counts.

B. The Special Instructions cover a number of subjects frequently included in the charge to the jury but may not be necessary in every case. They fall into three groups: (1) Instructions dealing with specific issues concerning the jury's consideration of the evidence such as the testimony of accomplices or informers, and those testifying with grants of immunity or some form of plea agreement; the evaluation of confessions or incriminating statements; the evaluation of similar acts evidence admitted under FRE 404(b); and the evaluation of identification testimony. (2) Instructions frequently given in tandem with the pertinent Offense Instruction(s) such as the definition of "possession;" the concept of criminal agency or aiding and abetting (18 USC 2); special state of mind instructions such as deliberate ignorance (as proof of knowledge), and intentional violation of a known legal duty (as proof of willfulness). (3) Instructions on theories of defense such as character evidence; entrapment; alibi; insanity; coercion and intimidation; good faith defense to a charge of intent to defraud; and good faith reliance upon advice of counsel.

C. The Offense Instructions cover over 100 of the most frequently prosecuted federal offenses. They are arranged sequentially according to section number in Title 18, United States Code, beginning with 18 USC 111, Assaulting a Federal Officer. Federal crimes in other titles are arranged sequentially by Title and section number following the instructions under Title 18. These include, primarily, immigration offenses under Title 8; controlled substances offenses under Title 21; and tax offenses under Title 26.

A separate instruction is provided for each offense beginning with a generic description of the nature of the crime followed by an enumeration of the essential elements of the offense and the definitions of the key words or phrases employed in the statement of the elements. Each instruction, when combined with the appropriate Special Instruction applicable to the case, is designed to be a complete charge concerning the offense to which it relates.

D. The Trial Instructions also fall into three groups. (1) Alternate sets of Preliminary Instructions, to be given before opening statements, consisting of a short form designed to be used in ordinary cases of anticipated short duration, and a longer form for possible use in more complicated, protracted cases. (2) A collection of explanatory instructions frequently stated to the jury during the trial itself. (3) A modified "Allen" charge for use in appropriate circumstances during deliberations when the jury reports an impasse.

Judge Wm. Terrell Hodges Chair
Judge James H. Hancock
Chief Judge Charles R. Butler,Jr. Alabama
Judge Roger Vinson
Judge Stanley Marcus Florida
Chief Judge B. Avant Edenfield
Judge Julie E. Carnes Georgia