THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Evidence: Arguments, Questions And Statements Of Counsel
1. Explanatory
Instruction: Arguments and Statements of Counsel
2. Opening Statements Not
Evidence
3. Remarks By Attorneys
Not Evidence
4. Closing Arguments Not
Evidence; Jury To Draw Their Own Conclusions
5. Inadvertent Gestures
And Expressions By Attorneys
6. Attorneys Not Required
To Call Witnesses Who’s Testimony Is Suggested
In Opening Statement
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Explanatory Instruction: Arguments and Statements of Counsel
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Opening statements of counsel are for the purpose of acquainting you in advance with the facts counsel expect the evidence to show. Closing arguments of counsel are for the purpose of discussing the evidence.
Opening statements, closing arguments, and other statements of counsel should be disregarded to the extent that they are not supported by the evidence.
During the course of the trial it often becomes the duty of counsel to make objections and for me to rule on them in accordance with the law. The fact that counsel made objections should not influence you in any way.
AUTHORITIES:
Seventh Circuit Committee 1.06 [What Is Not Evidence] [formerly 1.05 (1980)].
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Evidence – Failure To Prove Case.
RELATED NCJIC MATERIALS:
See NCJIC 24.3.1.5 [Arguments Of Counsel Are Not Evidence].
See also NCJIC 24.3.2 [What Is Not Evidence: Arguments Of Counsel].
See also NCJIC 24.3.3 [What Is Not Evidence: Excluded, Stricken Or Withdrawn Matters].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Opening Statements Not Evidence
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Opening statements by the state and by defense counsel are merely statements of what counsel expects the proof to be if the evidence develops in accordance with counsel's predictions. These opening statements constitute neither a promise by counsel that certain evidence will be heard, nor a commitment that counsel will call certain witnesses.
Counsel at each stage of the trial must assess whether in (his/her) opinion it is necessary to call the witnesses whose testimony was suggested in the opening statement, or necessary to call any witnesses whatsoever. It is for this reason that the opening statement is neither evidence nor a promise that evidence will be adduced.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Evidence – Failure To Prove Case.
RELATED NCJIC MATERIALS:
See NCJIC 24.3.1.5 [Arguments Of Counsel Are Not Evidence].
See also NCJIC 24.3.2 [What Is Not Evidence: Arguments Of Counsel].
See also NCJIC 24.3.3 [What Is Not Evidence: Excluded, Stricken Or Withdrawn Matters].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Remarks By Attorneys Not Evidence
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Remarks of the attorneys are not evidence. If the remarks implied the existence of certain facts not in evidence, disregard any such implication and draw no inference from the remarks.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Evidence – Failure To Prove Case.
RELATED NCJIC MATERIALS:
See NCJIC 24.3.1.5 [Arguments Of Counsel Are Not Evidence].
See also NCJIC 24.3.2 [What Is Not Evidence: Arguments Of Counsel].
See also NCJIC 24.3.3 [What Is Not Evidence: Excluded, Stricken Or Withdrawn Matters].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Closing Arguments Not Evidence; Jury To Draw Their Own Conclusions
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Consider carefully the closing arguments of the attorneys but their arguments and conclusions are not evidence. Draw your own conclusions and your own inferences from the evidence, and decide upon your verdict according to the evidence, under the instructions given you by the court.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Evidence – Failure To Prove Case.
RELATED NCJIC MATERIALS:
See NCJIC 24.3.1.5 [Arguments Of Counsel Are Not Evidence].
See also NCJIC 24.3.2 [What Is Not Evidence: Arguments Of Counsel].
See also NCJIC 24.3.3 [What Is Not Evidence: Excluded, Stricken Or Withdrawn Matters].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Inadvertent Gestures And Expressions By Attorneys
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
During this trial, you may have observed gestures or facial expressions from the attorneys in an apparent response to testimony being given. I am certain that such gestures and expressions were inadvertent and were not an attempt to convey to you the attitude of the attorney toward that evidence.
Regardless of what you may have observed, I direct you to ignore such gestures and expressions and attach no meaning to them.
RELATED NCJIC MATERIALS:
See generally NCJIC 16.13 [Conduct Of Attorneys]; cf. NCJIC 16.14.3.7 [Jury Not To Consider Gestures By The Judge].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
6. Attorneys Not Required To Call Witnesses Who’s Testimony Is Suggested In Opening Statement
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
No party is obligated to call a witness whose expected testimony was suggested in an opening statement.
RELATED SHELLOW MATERIALS:
RELATED NCJIC MATERIALS:
See NCJIC 24.3.1.5 [Arguments Of Counsel Are Not Evidence].
See also NCJIC 24.3.2 [What Is Not Evidence: Arguments Of Counsel].
See also NCJIC 24.3.3 [What Is Not Evidence: Excluded, Stricken Or Withdrawn Matters].