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

    1.    Single Defendant Multiple Counts
    2.    Multiple Defendants Multiple Counts

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

1.    Single Defendant Multiple Counts

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

    Each count of the [complaint] [information] [indictment] charges the defendant with having committed a separate offense.

    Each count and the evidence relating to it should be considered separately, and a separate verdict should be returned as to each count. Your verdict of guilty or not guilty of an offense charged in one count should not control your decision as to any other count.

Seventh Circuit Committee 7.03 [Separate Consideration of Charges Single Defendant Multiple Counts] [formerly 7.03 (1980)].

United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985).

    A separate crime or offense is charged in each count of the indictment. Each charge and the evidence pertaining to it should be considered separately. The fact that you may find the defendant guilty or not guilty as to one of the offenses charged should not control your verdict as to any other offense charged.

    I caution you, members of the jury, that you are here to determine the guilt or innocence of the accused from the evidence in this case. The defendant is not on trial for any act or conduct or offense not alleged in the indictment. Neither are you called upon to return a verdict as to the guilt or innocence of any other person or persons not on trial as a defendant in this case.

    Also, the punishment provided by law for the offense charged in the indictment is a matter exclusively within the province of the court or judge, and should never be considered by the jury in any way, in arriving at an impartial verdict as to the guilt or innocence of the accused.

Pattern Jury Instructions Fifth Circuit 1.21 [Single Defendant–Multiple Counts]; 1.19 [Caution–Consider Only Crime Charged]; 1.20 [Caution–Punishment] (West Publishing Co. 1983).

See also THE SHELLOW COLLECTION: Multiple Defendants.

See NCJIC Chapter 274: Multiple Offenses: Propriety Of Instruction.

See NCJIC 276.8 [Multiple Counts].

See NCJIC 305.13.10 [Multiple Counts: Propriety Of Instruction On Multiple Counts Based On Single Act Or Course Of Conduct].

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

2.    Multiple Defendants: Multiple Counts

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

    A separate crime or offense is charged against one or more of the defendants in each count of the [complaint] [information] [indictment] . Each offense, and the evidence pertaining to it, should be considered separately. The fact that you may find all or some of the accused guilty or not guilty of one of the offenses charged should not control your verdict as to any other offense charged against any of the defendants.

United States v. Brown, No. CR83-310(C)M (W.D. Wash. 1983).

See also THE SHELLOW COLLECTION: Multiple Defendants.

See NCJIC Chapter 274: Multiple Offenses: Propriety Of Instruction.

See NCJIC 273.6 [When Is Jury Unanimity Instruction Required].

See NCJIC 276.7 [Deliberation: Multiple Defendants].

See NCJIC 305.13.12 [Multiple Defendants].