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

    1.    Prior Convictions To Impeach Defendant's Credibility: Limiting Instruction
    2.    No Inference From Similarities Of Prior And Current Offenses

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

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

    Evidence was offered that _________________ (name of accused) was twice convicted of crimes. This evidence was not offered and may not be considered by you as evidence that he is a bad person or that he is a person likely to commit crimes.

    Evidence of _________________’s (name of accused) two convictions is offered for the sole purpose of assisting you in weighing _________________’s (name of accused) credibility. In this weighing process you may take into consideration, if you wish, the nature of the offenses for which he was convicted as well as the remoteness of the convictions.

    You have heard evidence concerning conduct of __________ [defendant] in _____ [year] and his conviction in that year. You may not consider this as evidence of his bad character or criminal disposition.

    The jury has heard evidence that on some prior occasion [defendant] was convicted of a crime, the penalty for which was more than one year imprisonment.

    You may neither speculate upon nor discuss the nature of this offense. There are many offenses which permit the imposition of a sentence of more than one year imprisonment which have no relationship whatsoever to a defendant's character or honesty. For example, some of these offenses arise as the result of the operation of an automobile.

    The mere fact that you have heard evidence that ______________ [defendant]. was convicted of such a crime is not any evidence whatsoever that he committed any of the offenses charged in this indictment and it would be a violation of your oath as jurors to infer that just because he has been convicted of some crime in the past, he is probably guilty of the crimes charged in this indictment.

    The Court only permitted you to hear the evidence of _____________ [defendant]'s previous conviction because it was certain that you would carefully and faithfully follow this instruction.

Sample Instruction # 1: Wis. Stat. §906.09.

Sample Instruction # 2:  See NCJIC 27.3.2 [Prior Conviction Of Defendant].

    See also  NCJIC 27.3.2.8 [Impeachment Of Defendant By Prior Conviction:  Federal Circuit Model Instructions And Notes].

SAMPLE INSTRUCTION # 4:

    Evidence has been received to the effect that the defendant has previously been convicted of a crime. This evidence was received solely because it may be considered by you in weighing the credibility of the defendant as a witness. The fact of conviction is one that you may take into consideration in weighing his testimony and determining (his/er) credibility. The nature of the crime for which a conviction was obtained is not relevant and you should not infer in any fashion that the prior conviction is for a crime similar to the one now presented here. Particularly, you should bear in mind that conviction of the defendant of a crime at some previous time is no proof that he is guilty of the offense with which (he/she) is now charged.

Wis. JI Criminal 327 (modified by defendant).

RELATED NCJIC MATERIALS:

See NCJIC 27.3.2 [Prior Conviction Of Defendant].

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

2.    No Inference From Similarities Of Prior And Current Offenses

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

    Evidence that the defendant has been convicted of a crime [is to be considered by you insofar as it may affect (his/her) credibility as a witness]. It must not be considered by you as evidence of guilt of the crime for which the defendant is on trial.

    You may make no inference of guilt on these charges from the evidence that in the past the defendant was convicted of a crime similar to the one for which (he/she) is presently on trial. Just because (he/she) was convicted of an offense involving _________ (crime, e.g., narcotics) in the past does not mean (he/she) is more likely to have committed these crimes.

    [Additionally, you may make no inference of guilt on these charges from the evidence that in the past the defendant pled guilty to a charge of being a convicted felon in possession of a weapon, even though in these charges, the Government has alleged that possession of weapons is part (and in furtherance of) of the conspiracy. The fact that the Defendant pled guilty to being a convicted felon in possession of a weapon in the past does not mean (he/she) is more likely to have committed the crimes charged here.]

7th Circuit Committee 3.05 [Impeachment of Defendant--Convictions] [formerly 3.16 (1980)].

United States v. Napue, No. 84-CR-155 (N.D. Ill. 1985) [bracketed material deleted; parenthetical material added].

See also NCJIC 27.3.2.8 [Impeachment Of Defendant By Prior Conviction: Federal Circuit Model Instructions And Notes].

See NCJIC 27.3.2 [Prior Conviction Of Defendant].