THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow Collection Table of Contents

Murder (First Degree & Second Degree) (18 USC 1111)

    1.    First Degree Murder: Elements
    2.    Second Degree Murder: Elements
    3.    Second Degree Murder: Voluntary Intoxication Not A Defense
    4.    Intoxication May Create Reasonable Doubt Re: Premeditation
    5.    Murder Degrees: How Jury Should Proceed Through Verdicts

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

1.    First Degree Murder: Elements

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

    To sustain the charge of first degree murder, the government must prove the following propositions:

    First, that __________ (name of defendant) killed __________ (name of victim);

    Second, that __________ (name of defendant) did so by conduct which is at least reckless and wanton and a gross deviation from a reasonable standard of care;

    Third, that __________ (name of defendant) was aware of a serious risk of death or serious bodily harm resulting from (his/her) conduct;

    Fourth, that __________ (name of defendant) premeditated the shooting, meaning that (he/she) specifically deliberated about killing the victim before acting. There is no specific duration required for premeditation;

    Fifth, that voluntary intoxication did not deprive __________ (name of defendant) of the ability to premeditate or to appreciate the risk of death or serious bodily harm resulting from (his/her) conduct; and

    Sixth, that the _________ (death causing act e.g., shooting) was not an accident.

    If you find from your consideration of all the evidence that each of these six propositions has been proved beyond a reasonable doubt, then you should find __________ (name of defendant) guilty as charged in the indictment.

    If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt then you should find __________ (name of defendant) not guilty.

3 Federal Criminal Jury Instructions of the Seventh Circuit 6.01 (1986); 18 U.S.C. §1111(a); United States v. Shaw, 701 F.2d 367 (5th Cir. 1983), cert. denied, 465 U.S. 1067 (1984; United States v. Black Elk, 579 F.2d 49 (8th Cir. 1978); United States v. Brown, 518 F.2d 821 (7th Cir.), cert. denied, 423 U.S. 917 (1975); Weakley v. United States, 198 F.2d 940 (D.C. Cir. 1952).

See also THE SHELLOW COLLECTION: Murder: Degrees & Elements.

See NCJIC Chapter 92: Homicide.

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (First Degree).

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (Second Degree).

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

2.    Second Degree Murder: Elements

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

    To sustain the charge of second degree murder, the government must prove the following propositions:

    First, that __________ (name of defendant) killed (name of victim);

    Second, that __________ (name of defendant) did so by conduct which is at least reckless and wanton and a gross deviation from a reasonable standard of care;

    Third, that __________ (name of defendant) was aware of a serious risk of death or serious bodily harm resulting from (his/her) conduct;

    Fourth, that the voluntary intoxication did not deprive __________ (name of defendant) of the ability to appreciate the risk of death or serious bodily harm resulting from (his/her) conduct; and

    Fifth, that the shooting was not an accident.

    In other words, the elements of first degree murder and second degree murder are the same, except that second degree murder does not require the government to prove premeditation.

    If you find from your consideration of all the evidence that each of these five propositions has been proved beyond a reasonable doubt, then you should find __________ (name of defendant) guilty of second degree murder.

    If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt then you should find __________ (name of defendant) not guilty.

3 Federal Criminal Jury Instructions of the Seventh Circuit 6.01 (1986); 18 U.S.C. §1111(a); United States v. Chagra, 807 F.2d 398 (5th Cir. 1986), cert. denied, 484 U.S. 832 (1987); United States v. Shaw, 701 F.2d 367 (5th Cir. 1983), cert. denied, 465 U.S. 1067 (1984); United States v. Black Elk, 579 F.2d 49 (8th Cir. 1978); United States v. Brown, 518 F.2d 821 (7th Cir.), cert. denied, 423 U.S. 917 (1975); Weakley v. United States, 198 F.2d 940 (D.C. Cir. 1952).

See also THE SHELLOW COLLECTION: Murder: Degrees & Elements.

See NCJIC Chapter 92: Homicide.

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (First Degree).

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (Second Degree).

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

3.    Second Degree Murder: Voluntary Intoxication Not A Defense

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

Kane v. United States, 399 F.2d 730 (9th Cir. 1968), cert. denied, 393 U.S. 1057 (1969).

See also THE SHELLOW COLLECTION: Murder: Degrees & Elements.

See also THE SHELLOW COLLECTION: Murder: Defense Theories.

See NCJIC Chapter 92: Homicide.

See NCJIC 256.6 [Intoxication, Voluntary].

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (First Degree).

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (Second Degree).

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

4.    Intoxication May Create Reasonable Doubt Re: Premeditation

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

    Evidence has been introduced that __________ (name of defendant) was intoxicated at the time of the commission of the crime charged in the indictment. Premeditation, as that term has been defined in these instructions, is an essential element of this crime. The evidence of intoxication may be sufficient to create a reasonable doubt as to whether __________ (name of defendant) was able to engage in the required premeditation to commit the crime charged. The evidence of intoxication may be sufficient to create a reasonable doubt whether __________ (name of defendant) knew that (his/her) conduct created a serious risk or death or serious bodily harm, which is also an element of the crime charged.

1 Federal Criminal Jury Instructions of the Seventh Circuit 6.09 [formerly 4.06 (1980)], modified.

See also THE SHELLOW COLLECTION: Murder: Degrees & Elements.

See also THE SHELLOW COLLECTION: Murder: Defense Theories.

See NCJIC Chapter 92: Homicide.

See NCJIC 256.6 [Intoxication, Voluntary].

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (First Degree).

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (Second Degree).

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

5.    Murder Degrees: How Jury Should Proceed Through Verdicts

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

1 Federal Criminal Jury Instructions of the Seventh Circuit 2.02 [Formerly 2.03 (1980)].

See also THE SHELLOW COLLECTION: Murder: Degrees & Elements.

RELATED NCJIC MATERIALS:

See NCJIC Chapter 92: Homicide.

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (First Degree).

See NCJIC: Federal Model Instructions by Offense: 18 USC 1111: Murder (Second Degree).