THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Circumstantial Evidence: False Statements
1. "False
Statement" Defined
2. False In One Respect Is
False In All Or Believable In Others
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. "False Statement" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
During the course of these instructions I have used the phrase "false statements" or "false representations." By such phrases I mean statements which are intentionally false and known to be false to the speaker. It is not enough that a speaker should have known that (his/her) statement was not true or that others may have known that (his/her) statement was not true. In order for a statement to be false, as a matter of law, it must be intentionally and knowingly made by a person who knew that at the time (he/she) was uttering the statement the facts were contrary to those as (he/she) represented them.
RELATED NCJIC MATERIALS:
See NCJIC 34.4 [False Statements].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. False In One Respect Is False In All Or Believable In Others
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
You may think, if you want to, that a person who is false in one respect is false in all; or you may, on the contrary, say a person is false in one respect but believable in others. It is just a question of common sense to be applied to the particular testimony which is offered.
AUTHORITIES:
United States v. Interstate Engineering Corp., 288 F. Supp. 402 (D.N.H. 1967).
RELATED NCJIC MATERIALS:
See NCJIC 34.4 [False Statements].