THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
Evidence: Exhibits
1. Exhibits:
Explanatory Instruction
2. Demonstrative And
Illustrative Exhibits
3. Redacted Exhibits
4. Jury To Decide Weight
To Be Given Exhibits
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Exhibits: Explanatory Instruction
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
An exhibit becomes evidence only when received by the court. An exhibit marked for identification and not received is not evidence. An exhibit received is evidence whether or not it goes to the jury room.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Evidence Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC 24.2.1 [What Is Evidence: Testimony And Exhibits].
See NCJIC 25.2 [Exhibits].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Demonstrative And Illustrative Exhibits
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Certain exhibits which have not been admitted as evidence were prepared in your presence and may be used by counsel to help you remember the testimony. These are called demonstrative exhibits and what appears upon them is not evidence but merely excerpts of testimony which may assist you in recalling the testimony of a witness or other evidence.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
State v. Clay, No. 87-CF-0201 (Waukesha County Circuit Court, October, 1989).
SAMPLE INSTRUCTION # 2:
The role of illustrative exhibits is that of a testimonial aid for a witness and as an aid to counsel during argument. It is not independent evidence of the facts depicted in the exhibit. If it refreshes the recollection of the jury concerning the events which it depicts then it has served its purpose.
AUTHORITY:
Implicit in United States v. Cox, 633 F.2d 87l, 874 (9th Cir. l980).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Linton, No. CR-R-80-24-ECR (D. Nev. l980).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Evidence Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC 24.2.1 [What Is Evidence: Testimony And Exhibits].
See NCJIC 25.2 [Exhibits].
See NCJIC 25.3 [Charts, Summaries, Etc.].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Redacted Exhibits
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Certain exhibits have had matters removed from them. This process of removing words, phrases or even sentences from exhibits in order to render the exhibit admissible is referred to as "redaction." You may not speculate either why exhibits were redacted or as to the content of the redacted material, and no adverse inference may be drawn therefrom.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Balistrieri, Case No. 81-CR-152 (E.D. Wis. 1983); United States v. Linton, No. CR-R-80-24-ECR (D.C. Nev. 1981).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Evidence Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC 24.2.1 [What Is Evidence: Testimony And Exhibits].
See NCJIC 25.2 [Exhibits].
See NCJIC 25.2.7 [Jury Not To Speculate About "Masked-Off" Portions Of Photos].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Jury To Decide Weight To Be Given Exhibits
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Certain exhibits have been admitted into evidence. It is for you to assess what weight, if any, should be given to such exhibits.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Marrinson, No. 85-CR-225 (N.D. Ill. 1986).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Evidence Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC 24.2.1 [What Is Evidence: Testimony And Exhibits].
See NCJIC 25.2 [Exhibits].