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

    1.    Defendant Testifying Does Not Shift Burden Of Proof

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

1.    Defendant Testifying Does Not Shift Burden Of Proof

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

   Merely because the defendant testifies and introduces evidence in (his/her) own behalf does not impose upon (him/her) the burden of proving anything. At all times the burden remains on the State and if the evidence introduced by the defendant creates in your mind a reasonable doubt of (his/her) guilt, then you must acquit (him/her).

First paragraph: State v. Dronso, No. H-9460 (Circuit Court, Milwaukee County, January, 1975); State v. Willie L. Bell and Gene R. Davis, No. 2-190541 (County Court, Milwaukee County, 1976); State v. Schaffer, No. I-4977 (Circuit Court, Milwaukee County); second paragraph: State v. Strube, No. J-1479 (Circuit Court, Milwaukee County); State v. Dronso, No. H-9460 (Circuit Court, Milwaukee County, January, 1975); State v. Willie L. Bell and Gene R. Davis, No. 2-190541 (County Court, Milwaukee County, 1976); State v. Schaffer, No. I-4977 (Circuit Court, Milwaukee County); State v. Gissel, No. 2-224869 (Circuit Court, Milwaukee County) [First sentence only].

See NCJIC 18.5 [Testimony Of Defendant].

See generally NCJIC 270.2 [Presumption Of Innocence - Prosecution Burden To Prove Guilt].

See NCJIC 300.30 [Defendant's Right To Testify].