The Shellow Instructions
Jury Instructions By James M. Shellow of Wisconsin
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Jury View

    1.    Court's Statement For Jury View
    2.    Videotaped Jury View

The Shellow Instructions
Jury Instructions By James M. Shellow of Wisconsin

1.    Court's Statement For Jury View

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

    [Initial statement] Members of the jury, the Court has arranged this trip in the hope of assisting you in evaluating the evidence in this case. Being here may or may not help you personally; do not feel badly if it does not. While here, you must keep your thoughts and impressions to yourself, for it is too early to discuss anything about this case with the other jurors or to form an opinion about the evidence as a whole. Keep in mind as you make your observations any differences in the time of day and season described in the testimony you have heard and will hear. Keep in mind also that any area may change somewhat over the course of ______ (number of months/years) or more.

    [Description of scene, indicating landmarks testified to.]

See also The Shellow Instructions: Duty Of Jury.

See FORECITE National™ 17.7.10 [Jury View: Presence Of Press And Public].

See FORECITE National™ 24.2.6 [Jury View As Evidence].

See FORECITE National™ 24.3.1.7 [Whether Jury View Is Evidence].

See FORECITE National™ 25.4 [Jury View Of The Scene].

See FORECITE National™ 305.10.5 [Jury View Of The Scene].

The Shellow Instructions
Jury Instructions By James M. Shellow of Wisconsin

2.    Videotaped Jury View

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

    You will see [have seen] a videotape depicting the _________ (what is depicted, e.g., house at 622 North Seventh Street). The purpose of this videotape is to enable you better to understand the evidence which is [was] introduced in the courtroom and to assist you in weighing and applying that evidence.

    What you see in the videotape itself is not evidence in the case, though, and should not be considered as evidence.

Wis. JI-Crim 152, modified for a videotaped view as opposed to a jury visit to the scene.

    You will see [have seen] a videotape which was taken as the videographer walked along ____________ (description, e.g., North Seventh Street). The route taken by the videographer was suggested by the police because it was their belief that (police theory, e.g., the murderer carried the victim along this route).

    Thus, the route taken by the videographer is not evidence that the (police theory, e.g., the murderer carried the victim along this route), but merely an illustration of what the police theorize may have occurred.

Wis. JI-Crim 152, modified for a videotaped view as opposed to a jury visit to the scene.

See also The Shellow Instructions: Duty Of Jury.

See FORECITE National™ 17.7.10 [Jury View: Presence Of Press And Public].

See FORECITE National™ 24.2.5.2 [Video Taped Demonstrations: Cautionary Instruction].

See FORECITE National™ 24.2.6[Jury View As Evidence].

See FORECITE National™ 24.3.1.7 [Whether Jury View Is Evidence].

See FORECITE National™ 25.4 [Jury View Of The Scene].

See FORECITE National™ 25.9.6 [Video Recordings].

See FORECITE National™ 276.4.5 [View That Playback Of Recorded Evidence Should Not Be Permitted In The Juryroom During Deliberations].

See FORECITE National™ 284.1.16 [Readback: Replaying Of Video Or Audio Tapes].

See FORECITE National™ 284.1.17 [Replaying Of Video Tape As Prejudicial].

See FORECITE National™ 305.10.5 [Jury View Of The Scene].