THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Failure To Appear Or Surrender (Bail Jumping) (18 USC 3146)
    
    1.    Failure To Appear: Elements
    2.    Nonappearance And Notice Of Obligation to Appear Insufficient To Prove Deliberate Decision To Disobey Order To Appear
    3.    Jury Must Identify Either A Specific Document Or A Specific Oral Directive By Judicial Officer Commanding Appearance
    4.    Failure To Appear: Jury May Consider Good Faith Reliance On Advice Of Counsel
    5.    Failure To Appear: Jury May Consider Whether Defendant Understood English And Or Translation
    6.    Failure To Appear: Jury Must Not Consider Charges That Were Pending In Prior Proceeding
    7.    Order To Appear In Court Must Be Clearly, Explicitly And Unequivocally Communicated To Defendant
    8.    Defendant Must Have Clearly Understood That He/She Was To Appear
    9.    Statements Made By Attorney Should Be Considered From Defendant’s Perspective
    10.  Government Must Prove Bond Was Revoked After Failure To Appear As Scheduled
    11.  Evidence Of Prior Pending Charges: Limiting Instruction

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

1.    Failure To Appear: Elements

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

    The defendant,__________ (name of defendant), is accused of failing to appear in court on a date (he/she) was required to be present. It is against federal law to fail to appear in court on a required date. For you to find __________ (name of defendant) guilty of this crime, you must be convinced that the government has proved each of these things beyond a reasonable doubt:

    First, that __________ (name of defendant) was previously charged with a crime in this court.

    Second, that a judge or magistrate of the United States District Court issued an order permitting __________ (name of defendant) to be out on bail on this charge.

    Third, that this order required __________ (name of defendant) to appear before a judge in __________ location), on __________ (date).

    Fourth, that __________ (name of defendant) knew that (he/she) was required to appear before the judge on that date and purposely failed to do so.

Pattern Criminal Jury Instructions 110, Judicial Conference of the United States (Federal Judicial Center 1988).

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

2.    Nonappearance And Notice Of Obligation to Appear Insufficient To Prove Deliberate Decision To Disobey Order To Appear

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

United States v. Wilson, 631 F.2d 118 (9th Cir. 1980); United States v. James, 440 F. Supp. 1137 (D.Md. 1977); United States v. Reed, 354 F. Supp. 18 (D.Mo. 1973).

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

3.    Jury Must Identify Either A Specific Document Or A Specific Oral Directive By Judicial Officer Commanding Appearance

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

    The government's theory is that __________ (name of defendant) violated a specific condition of (his/her) release on bail, namely a condition which required that (he/she) appear in court on __________ (date). Accordingly, you must identify either a specific document or a specific oral directive by a judicial officer to __________ (name of defendant) which required that appearance.

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

4.    Failure To Appear: Jury May Consider Good Faith Reliance On Advice Of Counsel

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

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

5.    Failure To Appear: Jury May Consider Whether Defendant Understood English And Or Translation

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

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

6.    Failure To Appear: Jury Must Not Consider Charges That Were Pending In Prior Proceeding

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

    In weighing the government's evidence you must presume that on __________ (date), __________ (name of defendant) was innocent of the charges then pending against (him/her).

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

7.    Order To Appear In Court Must Be Clearly, Explicitly And Unequivocally Communicated To Defendant

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

    Before __________ (name of defendant) can be convicted of this offense, the government must prove beyond a reasonable doubt not only that a court ordered that, as a condition of (his/her) release that (he/she) be present in court on __________ (date), but also that this order was clearly, explicitly and unequivocally communicated to __________ (name of defendant).

    Before the government can prove its case against __________ (name of defendant), it must prove beyond a reasonable doubt that (he/she) was judicially ordered to appear on __________ (date), that this order was clear, explicit and unequivocal and that __________ (name of defendant) understood that (he/she) was judicially ordered to appear in court on that date.

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

8.    Defendant Must Have Clearly Understood That He/She Was To Appear

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

    In order for the government to prove its case against __________ (name of defendant), it is necessary that it prove beyond a reasonable doubt that __________ (name of defendant) clearly understood that (he/she) was required to be in court on __________ (date). In weighing whether __________ (name of defendant) had this understanding, you may, if you wish, consider (his/her) interpretation of the statements claimed to have been made in (his/her) presence by (his/her) lawyer, (Mr./Ms.) ___________.

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

9.    Statements Made By Attorney Should Be Considered From Defendant’s Perspective

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

    In weighing the significance of the statements made by __________ (name of defendant’s attorney) in __________’s (name of defendant) presence, you should consider them from __________’s (name of defendant) perspective. That is, you should consider not only the statements themselves, but also the inferences which __________ (name of defendant) may have drawn from these statements.

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

10.    Government Must Prove Bond Was Revoked After Failure To Appear As Scheduled

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

    In order for the government to convict __________ (name of defendant) it must prove beyond a reasonable doubt that Judge ________ revoked __________’s (name of defendant) bond after _________ (time of appearance) on ________ (date).

United States v. Castaldo, 636 F.2d 1169 (9th Cir. 1980); Milhem v. United States, 834 F.2d 118 (7th Cir. 1987)(issue discussed, but not decided).

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.

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

11.    Evidence Of Prior Pending Charges: Limiting Instruction

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

    The Court has permitted the jury to hear evidence of the charges against __________ (name of defendant) on _________ (date defendant failed to appear). This evidence was admitted for the limited purpose of assisting the jury in determining __________’s (name of defendant) state of mind on that date. It should not be considered by the jury for any other purpose. Further, you may not speculate on the outcome of that case or the disposition of those charges.

See NCJIC Chapter 84: Contempt, Obstruction Of Justice, Failure To Appear.

See NCJIC Federal Model Instructions by Offense: 18 USC 3146: Failure To Appear Or Surrender.