The Shellow Collection: Basic Elements Of A Criminal Allegation -- Willfulness

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Basic Elements Of A Criminal Allegation: Willfulness

1. Willfulness Defined
2. Willfulness: Mere Omission Insufficient

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

1. Willfulness Defined

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

SAMPLE INSTRUCTION # 1:

An act is done willfully if done voluntarily and intentionally with knowledge that it is against the law.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Brown, No. CR83-310(C)M (W.D. Wash. 1983).

SAMPLE INSTRUCTION # 2:

An act is done "willfully" if done voluntarily and intentionally, and with the intent to do something the law forbids; that is to say with a purpose either to disobey or disregard the law.

AUTHORITY:

United States v. Patrick, 542 F.2d 381 (7th Cir. 1976).

SAMPLE INSTRUCTION # 3:

The word willfully as used in these instructions means an act which is more than intentional, or knowing, or voluntary; it means an act done with a bad purpose without ground for believing that the act is lawful.

AUTHORITY:

United States v. Murdock, 290 U.S. 389, 394-95 (l933).

SAMPLE INSTRUCTION # 4:

You have been instructed that in order to sustain its burden of proof the government must prove that the defendant acted willfully. "Willfully" means to act with knowledge that one's conduct is unlawful and with the intent to do something the law forbids, that is to say with the bad purpose to disobey or to disregard the law.

The defendant's conduct was not "willful" if it was due to negligence, inadvertence, mistake, or was the result of a good faith misunderstanding of the requirement of the law. In this connection, it is for you to decide whether the defendant acted in good faith, that is, whether (he/she) sincerely misunderstood the requirements of the law, or whether (he/she) knew what (he/she) was required to do and deliberately did not do so.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Basic Elements Of A Criminal Allegation -- Knowledge.

See also THE SHELLOW COLLECTION: Basic Elements Of A Criminal Allegation -- Criminal Intent.

RELATED NCJIC MATERIALS:

See NCJIC Chapter 46: Willfulness.

See NCJIC Chapter 47: Knowledge.

See NCJIC Chapter 45: Criminal Intent.

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

2. Willfulness: Mere Omission Insufficient

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

SAMPLE INSTRUCTION:

Mere omission with knowledge of the facts is not enough to demonstrate willfulness.

AUTHORITY:

United States v. Illinois Central R.R. Co. (1937) 303 U.S. 239, 242 [58 S. Ct. 533; 82 L. Ed. 773].