THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow Collection Table of Contents

Defendant's Mental Condition

    1.    Jury Must Consider Defendant’s Mental Condition At The Time Of The Offense 
           And Not Current Condition

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Jury Must Consider Defendant’s Mental Condition At The Time Of The Offense And Not Current Condition

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    In determining whether __________ (name of defendant) is responsible for (his/her) conduct, you must consider (his/her) mental condition at the time of the offense and not (his/her) current condition. Accordingly, you are instructed not to consider __________’s (name of defendant) appearance and demeanor, or to speculate concerning (his/her) present mental condition, since those are not relevant considerations in determining whether (he/she) is responsible for the offense that took place on __________ (date of offense).

See also THE SHELLOW COLLECTION: Circumstantial Evidence: Mental Condition And Intent.

See generally NCJIC Chapter 256: Mitigation Of Culpability By Mental Psychological, Medical And/Or Physical Impairment Of The Defendant.

See NCJIC 256.4 [Insanity].