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

Evidence: Discovery – Failure To Produce Evidence

    1.    Evidence: Destruction Or Failure To Produce
    2.    Failure To Produce Investigative Interview Notes
    3.    Failure To Produce Official Samples For Defendant Testing (Federal Food, 
           Drug, and Cosmetic Act)
    4.    Failure To Produce Witness Statements: Proper To Cross-Examine 
           Witnesses As To Their Prior Statements

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

1.    Evidence: Destruction Or Failure To Produce

    See THE SHELLOW COLLECTION: Missing/Lost/Destroyed Evidence – Destruction Or Failure To Produce.

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

2.    Failure To Produce Investigative Interview Notes

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

    Some government witnesses testified that they were interviewed by [either] agents of the ___________ (name of law enforcement agency)[, or the prosecutors in this case] and that handwritten notes were taken by the persons who interviewed them. Some of these witnesses also testified that it was their belief that these handwritten notes were substantially verbatim recitations of the answers they had given to the questions asked by the ___________ (name of law enforcement agency) agents. The government in many instances has not produced these notes and the jury may infer from this that, had these notes been produced, they would contradict the testimony of the witnesses.

See also THE SHELLOW COLLECTION: Missing/Lost/Destroyed Evidence – Destruction Or Failure To Produce.

See generally NCJIC Chapter 36: Missing, Lost, Destroyed Or Suppressed Evidence.

See NCJIC 36.1 [Destroyed Or Lost Evidence].

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

3.    Failure To Produce Official Samples For Defendant Testing (Federal Food, Drug, and Cosmetic Act)

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

21 USC 372(b) [ Availability to owner of part of analysis samples: Where a sample of a food, drug, or cosmetic is collected for analysis under this chapter the Secretary shall, upon request, provide a part of such official sample for examination or analysis by any person named on the label of the article, or the owner thereof, or his attorney or agent; except that the Secretary is authorized, by regulations, to make such reasonable exceptions from, and impose such reasonable terms and conditions relating to, the operation of this subsection as he finds necessary for the proper administration of the provisions of this chapter].

See also THE SHELLOW COLLECTION: Missing/Lost/Destroyed Evidence – Destruction Or Failure To Produce.

See generally NCJIC Chapter 36: Missing, Lost, Destroyed Or Suppressed Evidence.

See NCJIC 36.1 [Destroyed Or Lost Evidence].

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

4.    Failure To Produce Witness Statements: Proper To Cross-Examine Witnesses As To Their Prior Statements

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

   You are instructed that the state has an obligation to make available to the defendant all prior statements made by state witnesses. It is proper cross-examination to ask questions designed to ascertain whether the state complied with this obligation.

See also THE SHELLOW COLLECTION: Missing/Lost/Destroyed Evidence – Destruction Or Failure To Produce.

See NCJIC 16.13.2 [Cautionary Instruction Regarding Duty Of Counsel To Interview Witnesses In Advance Of Trial].

See generally NCJIC Chapter 36: Missing, Lost, Destroyed Or Suppressed Evidence.

See NCJIC 36.1 [Destroyed Or Lost Evidence].