THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Evidence: Limiting Instructions
1. Limited Purpose
Instruction
2. Statements Offered Only
For "State Of Mind"
3. Conspiracy: Evidence
Not Admitted For Truth
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Limited Purpose Instruction
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Any evidence I have instructed you may be considered only for a limited purpose may not be considered for any other or additional purpose.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 26: Limited Purpose Evidence.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Statements Offered Only For "State Of Mind"
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
I wish to remind you once again that during the trial, some statements made by people who were not in court were admitted even though there was an objection that these statements were hearsay. The reason I admitted those statements then was because the statements were not offered for their truth but instead to show the effect that these statements had upon the state of mind of the person hearing such statements. This is what the lawyers and I meant during the trial when we stated on various occasions that certain statements were not offered for their truth but only for "state of mind."
SAMPLE INSTRUCTION # 2:
The Court has permitted the jury to hear the testimony of those who arrested __________ (name of defendant) in __________ (date). The actions and statements of __________ (name of defendant) after __________ (earlier date) have been admitted for a very limited purpose. This evidence may be considered by the jury only for the purpose of assisting you, if it does, in determining __________’s (name of defendant) state of mind on __________ (earlier date).
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 26: Limited Purpose Evidence.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Conspiracy: Evidence Not Admitted For Truth
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Evidence has been admitted in this case which was not offered for its truth. This is particularly the case with respect to the series of exhibits consisting of __________ (describe evidence), all of which occurred more than one year after the end of the alleged conspiracy in this case.
These statements were not admitted for their truth and are not to be considered against any defendant other than the defendant speaking in those exhibits. Similarly, throughout the trial I periodically allowed government witnesses to testify to matters which they had heard from persons not alleged to be conspirators of the defendants. Again, this testimony was not admitted for its truth and you are not to consider it as though it had been admitted for its truth.
AUTHORITY:
FRE 105.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 26: Limited Purpose Evidence.