THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Tampering With A Witness, Victim Or Informant (18 USC 1512)
1. 18 USC 1512: Witness
Tampering – Generally
2. 18 USC 1512: Witness
Tampering – Influencing Or Withholding Testimony
Or Documents From
Grand Jury
3. 18 USC 1512: Witness
Tampering – Lawful Conduct As Affirmative Defense
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. 18 USC 1512: Witness Tampering – Generally
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Title 18, United States Code, Section 1512 reads in relevant part:
Whoever knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to--
(1) influence the testimony of any person in any official proceeding; [or]
(2) cause or induce any person to--
(a) withhold testimony, or withhold a record, document or other object from an official proceeding;
shall be guilty of an offense against the United States.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985) [modified].
RELATED NCJIC MATERIALS:
See NCJIC 3.4.4 [Duty To Inquire: Jury Tampering].
See NCJIC 34.8.1 [Threats Or Intimidation Of Witness As Uncharged Offenses: Limiting Instruction].
See NCJIC 77.13 [Witness Intimidation].
See NCJIC 305.23.6 [Witness Tampering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1512: Tampering With A Witness, Victim Or Informant.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. 18 USC 1512: Witness Tampering – Influencing Or Withholding Testimony Or Documents From Grand Jury
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In order to prove the defendant guilty of the charge in Count(s) _____ of the indictment, the government must prove each of the following elements beyond a reasonable doubt:
First: that on or about the dates charged in that particular Count, the defendant used or attempted to use intimidation, physical force, threats or engaged in misleading conduct (as that term is defined in these instructions); and
Second: that the defendant acted knowingly and with the intent to influence the testimony of __________ (name of witness) before the grand jury [(as charged in Count _____)]; or cause or induce __________ (name of witness) to withhold testimony or a document from the grand jury [(as charged in Count Four)].
If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty of that count.
If, on the other hand, you find from your consideration of all of the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty of that particular Count.
AUTHORITIES:
United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985).
RELATED NCJIC MATERIALS:
See NCJIC 3.4.4 [Duty To Inquire: Jury Tampering].
See NCJIC 34.8.1 [Threats Or Intimidation Of Witness As Uncharged Offenses: Limiting Instruction].
See NCJIC 77.13 [Witness Intimidation].
See NCJIC 305.23.6 [Witness Tampering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1512: Tampering With A Witness, Victim Or Informant.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. 18 USC 1512: Witness Tampering – Lawful Conduct As Affirmative Defense
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Under the law, it is an affirmative defense to the charge of witness tampering that the defendant's conduct at the time in question consisted solely of lawful conduct; and that (his/her) sole intention was to encourage or induce the other person to testify completely and truthfully.
If you are satisfied, from all of the evidence in the case, that the defendant's conduct as charged in Count(s) _______ was solely lawful conduct, and that (he/she) had the intent to encourage the witness __________ (name of witness) to testify completely and truthfully[, and to produce complete documents] before the grand jury, you must find the defendant not guilty of the charges in Count(s) _______ of the indictment.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
18 USC1512(c); United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985).
RELATED NCJIC MATERIALS:
See NCJIC 3.4.4 [Duty To Inquire: Jury Tampering].
See NCJIC 34.8.1 [Threats Or Intimidation Of Witness As Uncharged Offenses: Limiting Instruction].
See NCJIC 77.13 [Witness Intimidation].
See NCJIC 305.23.6 [Witness Tampering].
See NCJIC Federal Model Instructions by Offense: 18 USC 1512: Tampering With A Witness, Victim Or Informant.