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 VOLUME 4 - CHAPTER 26
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26.8 Exfelon Status To Prove Element Of The Charge

    26.8.1 When Exfelon Status Is Proven By Specific Evidence

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Instructions And Issues Omitted By The Pattern Instructions
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 VOLUME 4 - CHAPTER 26

RATIONALE: A limiting instruction may be necessary to prevent the jury from relying on the defendant's exfelon status to improperly assume that the defendant has a criminal propensity.

POINTS AND AUTHORITIES: When the defendant does not stipulate to his/her exfelon status specific evidence concerning that issue is relevant and admissible. (See People v. Bennett (CA 1987) 188 CA3d 911, 914 [233 CR 729].) When such evidence is presented, the defense has a right to instruction, upon request, to limit the jury's consideration of this evidence. (See People v. Ratcliff (CA 1990) 223 CA3d 1401, 1405-07 [273 CR 253].) Such an instruction should make it clear that the jury must not use the felony conviction to infer a propensity to commit the other charged offense. (U.S. v. Dockery (DC Cir. 1992) 955 F2d 50, 56; Goodall v. U.S. (DC App. 1996) 686 A2d 178, 183.)

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 5.1; 7.3].

CAVEAT: As with most cautionary or limiting instructions, counsel will have to determine whether the benefits of the instruction outweigh the danger that it might unduly emphasize the prejudicial matter. (See  FORECITE National™ 297.3.2 [Cautionary Or Limiting Instructions May Emphasize The Prejudicial Matter].)

See Manual On Recurring Problems In Criminal Trials [Receipt Of Expert Testimony: General Principles].

See also Manual On Recurring Problems In Criminal Trials [7b. Receipt Of Expert Testimony: Evidence Admissible For One Purpose But Not For Another].

See 1st Circuit Pattern Jury Instructions - Criminal 3.07.

See also 6th Circuit Pattern Jury Instructions - Criminal 7.18.

See also 8th Circuit Model Jury Instructions - Criminal 1.03.

See also 8th Circuit Model Jury Instructions - Criminal 3.03.

See also 9th Circuit Model Jury Instructions - Criminal 1.5.

See also Federal Judicial Center, Pattern Criminal Jury Instruction 18.

See also Federal Judicial Center, Pattern Criminal Jury Instruction 19.