THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Perjury: Declaration Before Grand Jury Or Court (18 USC 1623)
1. False Testimony Must
Mislead Investigation
2. False Testimony Must
Impede Or Hamper Investigation
3. False Statement Must Be
Material To The Investigation
4. Materiality As Element
Of The Offense
5. Agreement To Commit
Perjury Insufficient To Prove Conspiracy To Obstruct Justice
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. False Testimony Must Mislead Investigation
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Unless false testimony has the tendency to mislead the John Doe investigation, it is not material.
AUTHORITIES:
United States v. Lasater, 535 F.2d 1041 (8th Cir. 1976).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Perjury.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 95: Perjury And Related Offenses.
See NCJIC Federal Model Instructions by Offense: 18 USC 1621: Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1622: Subornation Of Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1623: Declaration Before Grand Jury Or Court.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. False Testimony Must Impede Or Hamper Investigation
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The test of whether the alleged false statement was material to the John Doe proceeding is simply whether or not the statement alleged to be perjurious tended to impede or hamper the course of the John Doe proceeding.
AUTHORITY:
United States v. Phillips, 540 F.2d 319, 323 (8th Cir.), cert. denied, 429 U.S. 1000, (1976).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Perjury.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 95: Perjury And Related Offenses.
See NCJIC Federal Model Instructions by Offense: 18 USC 1621: Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1622: Subornation Of Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1623: Declaration Before Grand Jury Or Court.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. False Statement Must Be Material To The Investigation
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The fifth element of the offense is that the alleged false statement was material to the John Doe proceeding. Before the defendant may be found guilty of perjury, the state must prove by evidence which satisfies you beyond a reasonable doubt that the alleged false statement was material to the John Doe proceedings. The alleged false statement was material if there is a reasonable probability that, had the statement not been made, the result of the proceeding would have been different.
AUTHORITY:
United States v. Badley, 473 U.S. 667, 678 (1985).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Perjury.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 95: Perjury And Related Offenses.
See NCJIC Federal Model Instructions by Offense: 18 USC 1621: Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1622: Subornation Of Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1623: Declaration Before Grand Jury Or Court.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Materiality As Element Of The Offense
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The materiality of the alleged false statement is an element of the offense which the prosecution must prove beyond a reasonable doubt and is a factual issue which must be resolved by the jury.
AUTHORITY:
Dunn v. United States, 442 U.S. 100, 111 n.10 (1979).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Perjury.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 95: Perjury And Related Offenses.
See NCJIC 95.2.1 [Perjury: Definition Of "Material Matter"].
See NCJIC Federal Model Instructions by Offense: 18 USC 1621: Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1622: Subornation Of Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1623: Declaration Before Grand Jury Or Court.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Agreement To Commit Perjury Insufficient To Prove Conspiracy To Obstruct Justice
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
If the government has proven only that some persons agreed to commit perjury on the trial of __________ (name of person), then the government has not proven a conspiracy to obstruct justice and __________ (name of defendant) must be found not guilty on Count ____.
AUTHORITIES:
In re Michael, 326 U.S. 224, 227-28 (1945); United States v. Susskind, 965 F.2d 80, 85 (6th Cir. 1992); United States v. Rankin, 870 F.2d 109, 111 (3rd Cir. 1989); United States v. Griffin, 589 F.2d 200 (5th Cir.), cert. denied, 444 U.S. 825 (1979); United States v. Essex, 407 F.2d 214, 216-18 (6th Cir. 1969).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Perjury.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 95: Perjury And Related Offenses.
See NCJIC Federal Model Instructions by Offense: 18 USC 1621: Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1622: Subornation Of Perjury.
See NCJIC Federal Model Instructions by Offense: 18 USC 1623: Declaration Before Grand Jury Or Court.