THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Lesser Included Offense/Other Offense
1. Judge’s Submission Of Alternative Offenses
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Judge’s Submission Of Alternative Offenses
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The defendant is on trial only for the conduct alleged in the indictment. However, I am permitting you to consider whether that conduct satisfied the elements of specific crimes other than the offense actually charged in the indictment. The fact that I have submitted alternative offenses for your consideration does not mean that you must find the defendant guilty of some offense; the duty to determine whether the defendant is guilty of any offense at all remains yours, and yours alone. I instruct you that you may not view my decision to submit alternative offenses for your consideration as an indication that I believe the defendant guilty, or not guilty, of any offense.
RELATED NCJIC MATERIALS:
See NCJIC 3.2.16 [Instruction On Lesser Included Offense Over Defense Objection].
See NCJIC Chapter 265: Lesser Included Offenses: General Principles
See NCJIC 270.4.8 [Definition Of Lesser Offense Should Focus On Distinction Between Greater And Lesser Offenses].
See NCJIC Chapter 275: Lesser Included Offenses: Deliberation And Verdict.
See NCJIC 279.8 [Improper to Use The Term "Lesser Offense"].
See NCJIC 296.2.6 [Lesser Offenses: Analysis Of Prejudice On Appeal].
See NCJIC 300.1.4 [Due Process: Instruction On Lesser Included Offense].
See NCJIC 300.7 [Failure To Instruct On Lesser Included Offenses In Noncapital Case].
See NCJIC 305.12.2 [Lesser Included Offenses].
See NCJIC 305.12.3 [Lesser Related Offenses/Nonincluded Lesser Offenses].