8TH CIRCUIT MODEL INSTRUCTIONS 2009
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DIRECTIONS FOR USE
The suggested instructions in this volume do not attempt to take into account all of the variations of a particular statute or all of the factual variations that may occur in a particular trial. The instruction models detailed herein will have to be modified in particular cases to reflect these variations.
In some of the Comments and Notes, the Committee has used terminology such as "should be given" or "should be defined." Unless there is case law requiring such, this does not mean that it would be error not to give or define the suggested instruction or that the suggested instruction would be appropriate in every context. Rather, the use of such terms simply means that it is the Committee's belief that to achieve clarity, completeness or consistency, such an instruction would be appropriately given.
Further, in some factual situations, it may be helpful to define certain terms or concepts which the Committee has not defined. In this regard, the Committee Comments may be helpful in finding proper definitions of these terms and concepts.
The Committee Comments are meant to be helpful, but not all inclusive. No significance is to be given to the inclusion or exclusion of any matter in the Comments.
Brackets [ ] are used to indicate words, phrases or sentences which should be used or eliminated in accordance with the actual charges in the individual case. Example:
"One, the defendant made a [false] [fictitious] [fraudulent] [statement] [representation] in a matter, etc."
Where more than one manner of violating a statute is charged, the disjunctive "or" should be used in the instructions:
"One, the defendant made a false, fictitious or fraudulent statement or representation in a matter, etc."
However, if the defendant was charged only with making false statements, the instruction would read:
"One, the defendant made a false statement in a matter, etc."
Parentheses ( ) are used to indicate a direction to insert some specific matter at that point in the instruction. This is usually factual matter particular to a given case.
(For 2008 version see below).
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2008 Version
The suggested instructions in this volume do not attempt to take into account all of the variations of a particular statute or all of the factual variations that may occur in a particular trial. The instruction models detailed herein will have to be modified in particular cases to reflect these variations.
In some of the Comments and Notes, the Committee has used terminology such as "should be given" or "should be defined." Unless there is case law requiring such, this does not mean that it would be error not to give or define the suggested instruction or that the suggested instruction would be appropriate in every context. Rather, the use of such terms simply means that it is the Committee's belief that to achieve clarity, completeness or consistency, such an instruction would be appropriately given.
Further, in some factual situations, it may be helpful to define certain terms or concepts which the Committee has not defined. In this regard, the Committee Comments may be helpful in finding proper definitions of these terms and concepts.
The Committee Comments are meant to be helpful but not all inclusive. No significance is to be given to the inclusion or exclusion of any matter in the Comments.
Brackets [ ] are used to indicate words, phrases or sentences which should be used or eliminated in accordance with the actual charges in the individual case. Example:
"One, the defendant made a [false] [fictitious] [fraudulent] [statement] [representation] in a matter, etc."
Where more than one manner of violating a statute is charged, the disjunctive "or" should be used in the instructions:
"One, the defendant made a false, fictitious or fraudulent statement or representation in a matter, etc."
However, if the defendant was charged only with making false statements, the instruction would read:
"One, the defendant made a false statement in a matter, etc."
Parentheses ( ) are used to indicate a direction to insert some specific matter at that point in the instruction. This is usually factual matter particular to a given case.