THE SHELLOW COLLECTION
 Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow Collection Table of Contents

Multiple Defendants

    1.    Multiple Defendants: Separate Consideration
    2.    Multiple Defendants/Separate Consideration/Verdicts
    3.    Evidence Admissible Against One Defendant Is Not Admissible Against Another
    4.    Defendant Not Responsible For Any Other Defendant
    5.    Joint Trial: Defendant May Not Call Co-Defendant To Testify

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

1.    Multiple Defendants: Separate Consideration

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

SAMPLE INSTRUCTION:

    Defendants have been charged with separate crimes in the various counts of the indictment. The jury must give separate consideration, and render separate verdicts, with respect to each defendant, and to each count. Each defendant is entitled to have his guilt or lack of guilt as to each of the crimes charged determined from his own conduct and from the evidence which applies to him as if he were being tried alone. If the jury finds the defendant guilty beyond a reasonable doubt of any one of the crimes charged in the indictment, a verdict of guilty should be returned as to him on that count. The guilt or lack of guilt of any one defendant of any of the crimes charged must not influence the jury's verdicts respecting the other defendants. The jury may find any one or more of the defendants guilty or not guilty.

[Source: NCJIC modification of instruction by James M. Shellow.]

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Stillman, No. 80-133-Erie (W.D. Pa. 1981); United States v. Robinson, No. 78-CR-106 (E.D. Wis. 1979); United States v. Balistrieri, Case No. 81-CR-152 (E.D. Wis. 1983).

SAMPLE INSTRUCTION # 2:

    Although the defendants are being tried jointly, you must give separate consideration to each defendant. In doing so you must analyze what the evidence in the case shows with respect to each defendant, leaving out of consideration any evidence admitted solely against some other defendant. Each defendant is entitled to have his case decided on the evidence and the law applicable to him.

AUTHORITIES:

Seventh Circuit Pattern Jury Instructions 4.05 [Separate Consideration for Each Defendant] [formerly 3.11].

SAMPLE INSTRUCTION # 3:

    You must give separate, personal consideration to the case of each defendant. When you do so, you must analyze what the evidence shows with respect to each defendant, in accordance with the instructions of the Court. Each defendant is entitled to have his or her case determined solely from the evidence in the case which, under these instructions, you may apply to him or her.

SAMPLE INSTRUCTION # 4:

    You should give separate consideration and render separate verdicts with respect to each defendant as to each count of the indictment in which he is charged. Each defendant is entitled to have his guilt or innocence determined from the evidence which applies to him as if he were being tried alone.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

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

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Multiple Counts.

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 19: Multiple Defendants.

See also NCJIC 19.1.2 [Multiple Defendants: Separate Consideration Of Multiple Defendants].

See also NCJIC 276.7 [Deliberation: Multiple Defendants].

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

2.    Multiple Defendants/Separate Consideration/Verdicts

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

SAMPLE INSTRUCTION:

    Each count of the indictment charges each defendant named in that count with having committed a separate offense.

    You must give separate consideration both to each count and to each defendant. You must consider each count and the evidence relating to it separate and apart from every other count.

    You should return a separate verdict as to each defendant and as to each count. Your verdict of guilty or not guilty of an offense charged to one count should not control your decision as to that defendant under any other count.

AUTHORITY:

Seventh Circuit Pattern Jury Instructions 7.04 [Separate Consideration of Charges Multiple Defendants Multiple Counts].

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Multiple Counts.

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 19: Multiple Defendants.

See also NCJIC 19.1.2 [Multiple Defendants: Separate Consideration Of Multiple Defendants].

See also NCJIC 276.7 [Deliberation: Multiple Defendants].

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

3.    Evidence Admissible Against One Defendant Is Not Admissible Against Another

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

SAMPLE INSTRUCTION:

    With respect to any evidence which I have instructed you is only admissible against one of the defendants in this case, you may not consider such evidence against the other defendant.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Multiple Counts.

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 19: Multiple Defendants.

See also NCJIC 19.1.2 [Multiple Defendants: Separate Consideration Of Multiple Defendants].

See also NCJIC 276.7 [Deliberation: Multiple Defendants].

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

4.    Defendant Not Responsible For Any Other Defendant

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

SAMPLE INSTRUCTION:

    Each accused person here is on trial separately. While they may all be innocent, it also is true that any one of them may be innocent though one or more of the others be guilty. Each must be considered alone by you, as if he or she was the only person on trial. After all, each defendant will bear your verdict alone. They may not be given any less consideration simply because the government has chosen to charge them together, for the defendants had no control over that.

    Further, I instruct you that no defendant here has any duty to any other defendant, and no defendant carries any responsibility for any other defendant. Each truly stands alone before you.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Multiple Counts.

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 19: Multiple Defendants.

See also NCJIC 19.1.2 [Multiple Defendants: Separate Consideration Of Multiple Defendants].

See also NCJIC 276.7 [Deliberation: Multiple Defendants].

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

5.    Joint Trial: Defendant May Not Call Co-Defendant To Testify

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

SAMPLE INSTRUCTION:

    The law is that in a joint trial one defendant may not call a co-defendant to the witness stand.

AUTHORITIES:

United States v. Gay, 567 F.2d 916, 918 (9th Cir. 1978); United States v. Roberts, 503 F.2d 598 (9th Cir. 1974); United States v. McKinney, 453 F.2d 1221 (9th Cir. 1972); United States v. Buye, 445 F.2d 1037 (9th Cir. 1971).

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Linton, No. CR-R-80-24-ECR (D.C. Nev. 1981); United States v. Balistrieri, Case No. 81-CR-152 (E.D. Wis. 1983).

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Multiple Counts.

RELATED NCJIC MATERIALS:

See generally NCJIC Chapter 19: Multiple Defendants.

See also NCJIC 19.1.2 [Multiple Defendants: Separate Consideration Of Multiple Defendants].

See also NCJIC 276.7 [Deliberation: Multiple Defendants].