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

    1.    Photographs: Limiting Instruction
    2.    Jurors Should Not Be Biased By Photographs

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

1.    Photographs: Limiting Instruction

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

    Certain photographs offered by the prosecutor and admitted in evidence show a __________ (object, e.g., bed) in the __________ (location e.g., apartment). These photographs show certain __________ (items, e.g., clothing and linen) on the __________ (object, e.g., bed). The witness who testified concerning these photographs did not know if this __________ (items, e.g., clothing and linen) was on the __________ (object, e.g., bed) when (he/she) first observed the __________ (object, e.g., bed), or whether it was placed on the __________ (object, e.g., bed) by a police officer prior to the photograph being taken.

    For this reason, the photograph is not admitted to show the __________ (items, e.g., clothing and linen) on the __________ (object, e.g., bed) and the jury may not infer that such __________ (items, e.g., clothing and linen) was on the __________ (object, e.g., bed) at the time the officers arrived at that __________ (location e.g., apartment).

State v. Schaffer, No. I-4977, (Circuit Court, Milwaukee, County).

See also THE SHELLOW COLLECTION: Evidence: Limiting Instructions.

See NCJIC Chapter 26: Limited Purpose Evidence.

See NCJIC 26.2.4 [Photograph, Map, Models As Illustrative Evidence: Limiting Instruction].

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

2.    Jurors Should Not Be Biased By Photographs

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

    I have admitted into evidence certain photographs of the victim and the scene of the __________ (event, e.g., shooting). These exhibits were received only to help you in considering whether the defendant is guilty or innocent of the crime charged in the indictment, or any of the alternative offenses submitted for your consideration, and to help you understand other evidence you heard.

    These exhibits are not admitted to inflame you, or to encourage you to act on passion or prejudice, and I trust that you will not permit them to do so. These exhibits are evidence and you must, consistent with the oath you took, consider them only for their evidentiary value, if any.

United States v. Castillo, 615 F.2d 878 (9th Cir. 1980); United States v. Cloudman, 534 F.2d 123 (8th Cir. 1976); United States v. Goseyun, 789 F.2d 1386 (9th Cir. 1986).

See NCJIC 25.11.1 [Cautionary Instructions: Inflammatory Photographs].