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

Evidence: Trial Procedure – Codefendant Evidence

    1.    No Consideration Of Co-Defendants Guilty Plea
    2.    Jury May Consider Codefendant’s Plea Only To Decide How Much To 
           Rely Upon Codefendant’s Testimony
    3.    Co-Defendants Guilty Plea: Conspiracy Cases
    4.    Jury Not To Speculate On What Outcome Of Codefendant’s Trials Might Be
    5.    Jury Should Be Instructed Not To Be Concerned About What 
           Happened To Codefendants

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

1.    No Consideration Of Co-Defendants Guilty Plea

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

    The fact that __________ (name of codefendant/accomplice) pled guilty to one of the counts in the same indictment in which __________ (name of defendant) is not evidence against __________ (name of defendant). You must not consider this fact in weighing the evidence against __________ (name of defendant).

United States v. McGrath, 811 F.2d 1022, 1024 (7th Cir. 1987); United States v. Bryza, 522 F.2d 414, 424 (7th Cir. 1975); United States v. James E. Johnson, Case No. 97-CR-211 (E.D. Wis. 1998).

    You have heard evidence that __________ (name of codefendant/ accomplice) pled guilty in a juvenile delinquency proceeding in which (he/she) was charged with the same conduct for which __________ (name of defendant) in on trial. Neither __________’s (name of codefendant/accomplice) plea of guilty nor the adjudication of (his/her) delinquency can be considered by you as evidence against __________ (name of defendant).

Cranmore v. State, 85 Wis. 2d 722, 271 N.W.2d 402 (1978); Virgil v. State, 84 Wis. 2d 166, 267 N.W. 852 (1978); see United States v. Thomas, 998 F.2d 1202 (3d Cir. 1993); People v. Lewis, 107 A.D.2d 838, 484 N.Y.S.2d 271 (1985); Annot., 4 A.L.R.3d 671 & cases cited therein.

7th CIRCUIT FEDERAL INSTRUCTIONS, 3.13 [Witnesses Requiring Special Caution] (1999) [modified].

United States of America v. Stillman, No. 80-133-Erie (W.D. Pa. 1981); United States v. Jackson, No. 89-CR-62 (E.D. Wis. 1990).

See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.

See NCJIC 16.18 [Disposition Of Charges Against Codefendant].

See generally NCJIC Chapter 19: Multiple Defendants.

See NCJIC 19.4 [Disposition Of Charges As To Codefendant].

See NCJIC 276.7 [Deliberation: Multiple Defendants].

See NCJIC 300.28 [Severance Of Codefendants].

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

2.    Jury May Consider Codefendant’s Plea Only To Decide How Much To Rely Upon Codefendant’s Testimony

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

    You have heard evidence that __________ (name of codefendant /accomplice) has pled guilty to a crime that arose out of the events for which the defendants are on trial here. You must not consider __________’s (name of codefendant/accomplice) plea as any evidence of __________’s (name of defendant) guilt. You may consider (his/her) plea only to determine how much, if at all, to rely upon (his/her) testimony.

Eighth Circuit Pattern Criminal Jury Instruction No. 2.19 [Witness Who Has Pleaded Guilty] (1991 ed.).

United States v. Greene, Criminal No. 92-32 (S.D. Iowa 1992).

See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.

See NCJIC 16.18 [Disposition Of Charges Against Codefendant].

See generally NCJIC Chapter 19: Multiple Defendants.

See NCJIC 19.4 [Disposition Of Charges As To Codefendant].

See NCJIC 276.7 [Deliberation: Multiple Defendants].

See NCJIC 300.28 [Severance Of Codefendants].

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

3.    Co-Defendants Guilty Plea: Conspiracy Cases

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

    The witnesses,__________ (name of witnesses), have pleaded guilty to the conspiracy for which __________ (name of defendant) is now on trial. You may give their testimony such weight as you feel it deserves, keeping in mind that it must be considered with caution and great care. Moreover, their guilty pleas are not to be considered of evidence against __________ (name of defendant).

Federal Criminal Jury Instructions of the Seventh Circuit, 3.13 [Witnesses Requiring Special Caution] (modified for witnesses' and defendants' names).

    The witness,__________ (name of witness), has pleaded guilty to a crime. You may give (him/her) testimony such weight as you feel it deserves, keeping in mind that it must be considered with caution and great care. Moreover, (him/her) guilty plea is not to be considered as evidence against the defendant.

    The conspiracy offense to which __________ (name of witness) has pleaded guilty is not the same offense as the conspiracy offense for which these defendants are on trial.

Seventh Circuit Pattern Instructions 3.13 [Witnesses Requiring Special Caution] (modified).

See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.

See also THE SHELLOW COLLECTION: Conspiracy.

See NCJIC 16.18 [Disposition Of Charges Against Codefendant].

See generally NCJIC Chapter 19: Multiple Defendants.

See NCJIC 19.4 [Disposition Of Charges As To Codefendant].

See NCJIC 83.3.13 [Coconspirator Issues].

See NCJIC 276.7 [Deliberation: Multiple Defendants].

See NCJIC 300.28 [Severance Of Codefendants].

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

4.    Jury Not To Speculate On What Outcome Of Codefendant’s Trials Might Be

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

    I am certain that you have noted that __________ (name of codefendant/accomplice),__________ (name of codefendant/accomplice), __________ (name of codefendant/accomplice) and __________ (name of codefendant/accomplice) are charged in the same indictment as __________ (name of defendant). The prosecutor may have given the impression in (his/her) closing argument that one or more these other persons was convicted. None of these persons have as yet gone to trial and you may not speculate upon what the outcome of their trials might be. [Insert any other relevant facts e.g., Moreover, the evidence you have heard shows that __________ (name of codefendant/accomplice) is a fugitive and __________ (name of codefendant/accomplice) is deceased].

See NCJIC 16.18 [Disposition Of Charges Against Codefendant].

See generally NCJIC Chapter 19: Multiple Defendants.

See NCJIC 19.4 [Disposition Of Charges As To Codefendant].

See NCJIC 276.7 [Deliberation: Multiple Defendants].

See NCJIC 300.28 [Severance Of Codefendants].

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

5.    Jury Should Be Instructed Not To Be Concerned About What Happened To Codefendants

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

    The jury is not to concern itself with what happened to __________ (name of codefendant/accomplice)[, __________ (name of codefendant/accomplice) and __________ (name of codefendant/accomplice)].

AUTHORITIES:

United States v. Carraway, 108 F.3d 745, 755 (7th Cir. 1997); United States v. Barrientos, 758 F.2d 1152, 1156 (7th Cir. 1985), cert. den. 474 U.S. 1062 (1986).

See NCJIC 16.18 [Disposition Of Charges Against Codefendant].

See generally NCJIC Chapter 19: Multiple Defendants.

See NCJIC 19.4 [Disposition Of Charges As To Codefendant].

See NCJIC 276.7 [Deliberation: Multiple Defendants].

See NCJIC 300.28 [Severance Of Codefendants].