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

Definitions

    1.    Facilitate Defined
    2.    "False Statement" Defined
    3.    "Unequivocally" Defined
    4.    Definition Of "Prove"

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

    1.    Facilitate Defined

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

SAMPLE INSTRUCTION:

    "Facilitate" means to make easy or less difficult.

AUTHORITIES:

United States v. Miller, 379 F2d 483, 486 (7th Cir. 1967); Rewis v. United States, 418 F.2d 1218 (5th Cir. 1969)..

RELATED NCJIC MATERIALS:

See NCJIC 3.2.6 [Duty To Define Terms with Specialized/Technical Meaning].

See also NCJIC 272.3.4 [Summation/Closing Argument That Jury Should Utilize Common Dictionary Meaning Of A Term].

See also NCJIC 272.3.5 [Admonition Regarding Improper Summation/Closing Argument On Term  Contained In Instructions But Not Defined].

See also NCJIC Constitutional Macros 309.3.5 [Failure To Accurately Define An Element].

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

2.    "False Statement" Defined

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

SAMPLE INSTRUCTION:

    I have used the word "false" in these instructions. False means a statement, untrue when made and known to be untrue by the person making it or causing it to be made. In the law, false is something more than just an inaccurate statement. It is an inaccurate statement, known to be inaccurate.

    People make inaccurate statements accidentally, or in good faith. That is not a false statement in the law.

AUTHORITIES:

United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985); United States v. DiVarco, 494 F.2d 640 (7th Cir. 1973), affirming Judge Will's instructions given in United States v. DiVarco, 343 F. Supp. 101 (N.D. Ill. 1972).

RELATED NCJIC MATERIALS:

See NCJIC 3.2.6 [Duty To Define Terms with Specialized/Technical Meaning].

See also NCJIC 272.3.4 [Summation/Closing Argument That Jury Should Utilize Common Dictionary Meaning Of A Term].

See also NCJIC 272.3.5 [Admonition Regarding Improper Summation/Closing Argument On Term Contained In Instructions But Not Defined].

See also NCJIC Constitutional Macros 309.3.5 [Failure To Accurately Define An Element].

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

3.    "Unequivocally" Defined

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

SAMPLE INSTRUCTION:

    "Unequivocally" means that no other inference or conclusion can reasonably and fairly be drawn from the defendant's acts, under the circumstances.

RELATED NCJIC MATERIALS:

See NCJIC 3.2.6 [Duty To Define Terms with Specialized/Technical Meaning].

See also NCJIC 272.3.4 [Summation/Closing Argument That Jury Should Utilize Common Dictionary Meaning Of A Term].

See also NCJIC 272.3.5 [Admonition Regarding Improper Summation/Closing Argument On Term Contained In Instructions But Not Defined].

See also NCJIC Constitutional Macros 309.3.5 [Failure To Accurately Define An Element].

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

4.    Definition Of "Prove"

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

SAMPLE INSTRUCTION # 1:

    Whenever I say that the government must "prove" something, I mean the government must prove that proposition beyond a reasonable doubt. Similarly, whenever I use the expression "if you find," "if you believe," or "if you decide," I mean you must find or believe or decide beyond a reasonable doubt.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Staben, No. 78-CR-83 (E.D. Wis. 1979).

SAMPLE INSTRUCTION # 2:

    Whenever I say that the government must "prove" something, I mean the government must prove that proposition beyond a reasonable doubt. The only burden of proof that is involved in this case is the burden of the government to prove its case beyond a reasonable doubt. So whenever I talk about proof, I mean proof beyond a reasonable doubt. Similarly, whenever I use the expression, "if you find," "if you believe," or "if you decide," I mean you must find or believe or decide beyond a reasonable doubt. By giving you this explanation at the outset of these instructions I mean to avoid unnecessary repetition of the phrase "beyond a reasonable doubt."

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

State v. Esker, No. 89-CR-1148 (Marathon County 1990); United States v. Mercado, Case No. 93-CR-116 (E.D. Wis. 1994); United States v. Zapata, No. 87-CR-84 (E.D. Wis. 1987); United States v. Bronk, No. 84-CR-54-S (W.D. Wis. 1985); United States v. Balistrieri, Case No. 81-CR-152 (E.D. Wis. 1983); United States v. Matta, No. 82-CR-20 (E.D. Wis. 1982); United States v. Kramer, Case No. 81-CR-106 (E.D. Wis 1982); United States v. Stillman, No. 80-133-Erie (W.D. Pa. 1981); United States v. Robinson, No. 78-CR-106 (E.D. Wis. 1979); United States v. Wornock, No. 76-CR-549 (N.D. Ill. 1978); State v. Esker, No. 89-CR-1148 (Marathon County 1990); State v. Gelhaar, No. K-7185 (Milwaukee County Circuit Court 1986).

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 270: Burdens And Standards Of Proof.