The Shellow Collection: Bank Robbery (18 USC 2113)

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Bank Robbery (18 USC 2113)

    1.    Bank Robbery: Elements
    2.    Bank Robbery: Elements: Insufficient Proof Of Intimidation
    3.    Bank Robbery: Definition Of Intimidation
    4.    Bank Robbery: Test Of Whether Life Of Victim Has Been Placed In Danger Is An Objective One
    5.    Institution Must Be Insured By Federal Deposit Insurance Corporation At Time Of Robbery
    6.    Bank Robbery: Lesser Included Offense Of Bank Extortion

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

1. Bank Robbery: Elements

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

SAMPLE INSTRUCTION:

    To sustain the charge of bank robbery, the government must prove the following propositions:

    First, the defendant took from the person or presence of another money belonging to or in the care, custody, control, management or possession of the particular savings and loan institution described in the count of the indictment you are considering;

    Second, that the defendant acted intentionally;

    Third, at the time charged in the indictment the savings and loan at issue had its deposits insured by the Federal Savings and Loan Insurance Corporation; and

    Fourth, the defendant acted to take such money by force and violence, or by intentional intimidation.

    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.

    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 the defendant not guilty.

AUTHORITIES:

III Federal Criminal Jury Instructions of the Seventh Circuit 177 (1986), modified by addition of the intent element; see United States v. Fazzini, 871 F.2d 635, 641 (7th Cir. 1989) (bank robbery a general intent crime); United States v. Bush, 749 F.2d 1227, 1233 (7th Cir. 1984), cert. denied, 470 U.S. 1058 (1985) (elements of bank robbery include willfulness); United States v. Chapman,954 F.2d 1352 (7th Cir. Jan. 27, 1992) (lack of specific intent to rob bank not a defense).

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 100: Robbery, Carjacking, Etc.

See NCJIC 66.2.4 [Assembling Disguises, Obtaining Weapons and "Casing" a Bank Not Sufficient For Attempt].

See NCJIC 100.1.13 [Robbery: Miscellaneous Defense Theories].

See NCJIC Federal Model Instructions by Offense: 18 USC 2113: Bank Robbery--Elements.

See NCJIC Federal Model Instructions by Offense: 18 USC 2113(a): Unarmed Bank Robbery.

See NCJIC Federal Model Instructions by Offense: 18 USC 2113(a) And 18 USC 2113(d): Armed Or Aggravated Bank Robbery.

See NCJIC Federal Model Instructions by Offense: 18 USC 2113(a) And 18 USC 2113(d): Bank Robbery (Subsections (a) And (d) Alleged In Separate Counts).

See NCJIC Federal Model Instructions by Offense: 18 USC 2113(a) And 18 USC 2113(d): Bank Robbery (Subsections (a) And (d) Alleged In The Same Count).

See NCJIC Federal Model Instructions by Offense: 18 USC 2113(b): Bank Theft.

See NCJIC Federal Model Instructions by Offense: 18 USC 2113(d): Bank Robbery -- Put In Jeopardy The Life Of Another Person.

See NCJIC Federal Model Instructions by Offense: 18 USC 2113(e): Bank Robbery (Subsection (e) Only - - Alleged In Separate Count).

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

2. Bank Robbery: Elements: Insufficient Proof Of Intimidation

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

SAMPLE INSTRUCTION:

A defendant's mere forceful or purposeful behavior, when there is no weapon and no note, and the defendant says and does nothing threatening, is not sufficient to establish intimidation.

AUTHORITY:

United States v. Wagstaff, 865 F.2d 626, 628-29 (4th Cir.), cert. denied, 491 U.S. 907 (1989) (§2113(a) bank robbery conviction reversed for insufficient evidence on this basis).