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

    1.    Evidence Of Habit

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

1.    Evidence Of Habit

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

SAMPLE INSTRUCTION:

    There has been evidence introduced in this case that the defendant had certain habits [or routine practices]. This evidence may be considered by you in determining whether he acted in conformity with that habit or routine practice on the occasion in question. The weight you give the evidence, if any, is entirely up to you, since you are the sole judges of the facts.

1 Sand, Siffert, Laughlin, & Riess, Modern Federal Jury Instructions, §5.06 (2000).

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

State v. Johnson, Case No. F-954865 (Milwaukee County Circuit Court, 1996); State v. Pietroske, Case No. 96-CF-126 (Manitowoc County Circuit Court, 1997).