THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Circumstantial Evidence: Mental Condition And Intent

    1.    Mental Condition Re: Forming Intent
    2.    Mental State: Rejecting Plea Bargain

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

1.    Mental Condition Re: Forming Intent

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

    You may consider all the evidence you have heard concerning __________’s (name of defendant) mental condition in weighing whether the prosecution has proven beyond a reasonable doubt that __________ (name of defendant) had the capacity to form the intent to __________ (act or crime, e.g., enter into this alleged conspiracy).

United States v. United States Gypsum Company, 438 U.S. 422, 435 (1978).

United States v. Linton, No. CR-R-80-24-ECR (D.C. Nev. 1981); United States v. Napue, No. 84-CR-155 (N.D. Ill. 1984); United States v. Stillman, No. 80-133-Erie (W.D. Pa. 1981).

See also THE SHELLOW COLLECTION: Elements: Criminal Intent.

See also THE SHELLOW COLLECTION: Defendant (Character, Mental Condition, Plea, Priors, Statements, etc.)

See also THE SHELLOW COLLECTION: Defendant's Mental Condition.

RELATED NCJIC MATERIALS:

See NCJIC Chapter 45: Criminal Intent.

See NCJIC 45.6.2 [Intent: Mental Impairment As Defense Theory].

See NCJIC 256.7 [Mental, Medical Or Physical Impairment Of Defendant].

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

2.    Mental State: Rejecting Plea Bargain

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

    In considering the state of mind of __________ (name of defendant) as (he/she) testified in this trial, you may consider, if you wish, that (he/she) rejected a plea offer by the prosecution which would have subjected (him/her) to no more than _____ years imprisonment.

AUTHORITIES:

United States Constitution, Amendments V and VI; see United States v. Biaggi, 909 F.2d 662, 690-91 (2d Cir. 1990) [defendant's rejection of immunity relevant to support claim that he lacked knowledge of alleged offense], cert. den. 499 U.S. 904 (1991).

See also THE SHELLOW COLLECTION: Defendant (Character, Mental Condition, Plea, Priors, Statements, etc.)

See also THE SHELLOW COLLECTION: Defendant's Mental Condition.

See NCJIC 45.6.2 [Intent: Mental Impairment As Defense Theory].

See NCJIC 256.7 [Mental, Medical Or Physical Impairment Of Defendant].

See NCJIC 35.4 [Consciousness Of Innocence Based On Rejection Of Immunity Offer].