THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Drugs, Controlled Substances: Sale Of Controlled Substances; Inferences
1. Absence Of Weapons
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Absence Of Weapons
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Controlled substances, such as __________ (controlled substance, e.g., cocaine) are expensive commodities. Those involved in the illegal drug trade cannot rely upon the police to protect them in their business transactions, or upon the courts to enforce their drug related obligations. Thus, self-help and self-protection play important roles in the business of drug trafficking. You may consider, therefore, the complete absence of any evidence of guns or other weapons in this case to support an inference that defendant did not in fact intend to deliver __________ (controlled substance).
AUTHORITY:
State v. Wedgeworth, 100 Wis. 2d 514, 302 N.W.2d 810, 820 (1981).
RELATED NCJIC MATERIALS:
See NCJIC 29.1.5 ["Drug Involvement Profile" Evidence Inadmissible As Substantive Proof Of Guilt].
See generally NCJIC Chapter 88: Drugs, Controlled Substances.
See NCJIC 88.1.2 [Challenge To "Drug Involvement Profile" Evidence As Substantive Proof of Guilt].
See generally NCJIC 88.6 [Drugs, Controlled Substances: Possession For Sale, Delivery Or Distribution].
See also generally NCJIC 88.7 [Drugs, Controlled Substances: Sale, Transportation, Or Distribution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Prosecution Must Prove Money Is A Proceed From Drug Sales
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
In order to convict __________ (name of defendant) of Count(s) _____, it is necessary that the prosecution prove beyond a reasonable doubt that the ____________ (amount of money and how used e.g., $8,900 paid as a down payment on the Ford pickup truck and the $2,000 deposited in his checking account) were the proceeds from drug sales and not funds generated from _________ (defendant’s business). If after hearing the evidence you have a reasonable doubt as to the source of these funds, then, as a matter of law, you must acquit the defendant of these charges.
SAMPLE INSTRUCTION # 2:
Evidence has been submitted that a substantial amount of currency was found in the home. Before you may draw any inference from the presence of this money, there must be evidence that supports the inference. You may not infer that the money came from or was intended for a controlled substance transaction unless the facts supporting that inference are proved to you beyond a reasonable doubt. If other inferences concerning the sources or intended uses of the money may fairly be drawn from the evidence, then you may not rely upon the presence of a substantial amount of currency as an indication that controlled substances were possessed with intent to distribute them.
SAMPLE INSTRUCTION # 3:
Although the prosecutor may have suggested by one of his questions that on some occasion __________ (name of defendant) received money in exchange for __________ (controlled substance), there is no evidence that this ever occurred. The government is not aware of any such evidence, and you may not infer from this question that there is any evidence of activity other than buying and sharing personal use quantities.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mercado, Case No. 93-CR-116 (E.D. Wis. 1994).
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 88: Drugs, Controlled Substances.
See generally NCJIC 88.6 [Drugs, Controlled Substances: Possession For Sale, Delivery Or Distribution].
See also generally NCJIC 88.7 [Drugs, Controlled Substances: Sale, Transportation, Or Distribution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. "Extravagant Lifestyle"
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
In weighing the evidence in this case you may consider whether __________ (name of defendant) lived an extravagant lifestyle commensurate with what one might expect of a narcotic trafficker.
AUTHORITY:
United States v. Carraway, 108 F.3d 745, 750 (7th Cir. 1997).
RELATED NCJIC MATERIALS:
See NCJIC 29.1.5 ["Drug Involvement Profile" Evidence Inadmissible As Substantive Proof Of Guilt].
See generally NCJIC Chapter 88: Drugs, Controlled Substances.
See NCJIC 88.1.2 [Challenge To "Drug Involvement Profile" Evidence As Substantive Proof of Guilt].
See generally NCJIC 88.6 [Drugs, Controlled Substances: Possession For Sale, Delivery Or Distribution].
See also generally NCJIC 88.7 [Drugs, Controlled Substances: Sale, Transportation, Or Distribution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. "Unlawful Activity" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
"Unlawful activity" means any business enterprise involving narcotics or controlled substance offenses in violation of the laws of the state in which they are committed or of the United States.
AUTHORITIES:
7th CIRCUIT FEDERAL INSTRUCTIONS [155] Definition of Unlawful Activity--Business Enterprise (1999).
RELATED NCJIC MATERIALS:
See NCJIC 3.2.6 Duty To Define Terms With Specialized/Technical Meaning; No Duty To Define Common Terms
See generally NCJIC Chapter 88: Drugs, Controlled Substances.
See generally NCJIC 88.6 [Drugs, Controlled Substances: Possession For Sale, Delivery Or Distribution].
See also generally NCJIC 88.7 [Drugs, Controlled Substances: Sale, Transportation, Or Distribution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Quantity: Possession Does Not Prove Drug Conspiracy
See THE SHELLOW COLLECTION: Drugs, Controlled Substances: Conspiracy – Quantity: Possession Does Not Prove Drug Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
6. Conspiracy: Drug Sales And Money Laundering
See THE SHELLOW COLLECTION: Conspiracy: Drug Sales And Money Laundering.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
7. Conspiracy: Small Quantity Drug Sales Not Proof Of Predisposition
See THE SHELLOW COLLECTION: Drugs, Controlled Substances: Conspiracy – Drug Conspiracy: Small Quantity Drug Sales Not Proof Of Predisposition.