THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Evidence: Hearsay Rule And Exceptions – Dying Declarations
1. Dying Declaration:
Consideration Of Deceased’s Religious Convictions
2. Dying Declaration:
Victim Must Be Aware Of Impending Death At The
Time Statement Was Made
3. Dying Declaration:
Factors To Consider
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Dying Declaration: Consideration Of Deceased’s Religious Convictions
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering whether one who believes he is in imminent danger of dying is speaking the truth when he makes a statement describing his assailants, you may consider, if you wish, any evidence concerning the religious convictions of the deceased and the strength with which he held these beliefs.
RELATED NCJIC MATERIALS:
See generally NCJIC 25.8 [Dying Declaration].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Dying Declaration: Victim Must Be Aware Of Impending Death At The Time Statement Was Made
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A statement of the victim was admitted by the Court as a dying declaration. Before you may consider that declaration as evidence, you must find that the evidence has shown that the victim was aware of impending death at the time the statement was made.
AUTHORITIES:
Mattox v. United States, 146 U.S. 140, 152 (1892); State v. Loveday, No. H-7717 (Circuit Court, Milwaukee County, 1973).
RELATED NCJIC MATERIALS:
See generally NCJIC 25.8 Dying Declaration.
See NCJIC 25.8.5 [Dying Declaration: Declarant Must Have Abandoned Hope].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Dying Declaration: Factors To Consider
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Evidence was received to the effect that __________ (name of victim) identified (his/her) assailant(s) in response to repeated questions as being _________ (description e.g., gang member, two black men, etc.). This testimony was received because it was possible either that the statements were made before __________ (name of victim) had time to fabricate a story, or time to become confused, or because it was possible that __________ (name of victim) believed that (he/she) was dying and did not want to die with a lie on (his/her) lips. If you conclude that either of these premises provide a basis for believing __________’s (name of victim) statement, then you may consider it as evidence. If you conclude that both of these premises are insufficient basis for concluding that __________ (name of victim) was telling the truth, then you must reject this statement and not consider it as evidence.
AUTHORITY:
Wis. Stat. §§908.045(3), 908.03(2).
RELATED NCJIC MATERIALS:
See generally NCJIC 25.8 Dying Declaration.
See NCJIC 25.8.2 [Dying Declaration: Factors To Consider As To Declarant's State Of Mind].