THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Murder: Defense Theories
1. Accidental Shooting
2. Voluntary Intoxication
3. First Degree Murder:
Intoxication To Negate Intent To Kill And/Or Premeditation
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Accidental Shooting
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
It is __________’s (name of defendant) Theory of Defense that (he/she) did not intend to kill __________ (name of victim) and that this shooting was accidental and unplanned. It is further his theory that, __________ (insert specific facts in support of defense theory, e.g, when __________ (name of victim) placed (his/her) entire weight against the hotel room door __________’s (name of defendant) gun accidentally discharged when (his/her) hand involuntarily contracted from the pain).
If the evidence you have heard in support of this theory creates in your mind a reasonable doubt that __________ (name of defendant) intended to kill __________ (name of victim) in the instant before the shot was fired, then you must, as a matter of law, find (him/her) not guilty of the crime of first degree intentional homicide and should consider whether (he/she) is guilty of first degree reckless homicide.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 92: Homicide.
See NCJIC 252.2 [Accident].
NCJIC 305.1.3 [Accident].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Voluntary Intoxication
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Voluntary intoxication is a defense to the crime charged in the indictment if it creates in your mind a reasonable doubt whether __________ (name of defendant) was able to form the specific intent to kill, or premeditation, that is an element of first degree murder, the offense charged. If, after considering all the evidence, including any evidence of voluntary intoxication, you are left with a reasonable doubt that __________ (name of defendant) specifically intended to kill __________ (name of victim), you must find __________ (name of defendant) not guilty of the offense charged in the indictment.
AUTHORITIES:
Kane v. United States, 399 F.2d 730 (9th Cir. 1968), cert. denied, 393 U.S. 1057 (1969); United States v. Meagher, 37 F. 875 (5th Cir. 1888).
RELATED NCJIC MATERIALS:
See NCJIC 45.6.1 [Intent: Intoxication As Defense Theory].
See generally NCJIC Chapter 92: Homicide.
See NCJIC 92.9.4.12 [Felony Murder: Intoxication As Defense Theory].
See generally NCJIC 256.6 [Intoxication, Voluntary].
See NCJIC 305.9.11 [Intoxication And Criminal Liability].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. First Degree Murder: Intoxication To Negate Intent To Kill And/Or Premeditation
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Voluntary intoxication is a defense to the crime charged in the indictment if it creates in your mind a reasonable doubt whether ____________ (name of defendant) was able to form the specific intent to kill, or premeditation, that is an element of first degree murder, the offense charged. If, after considering all the evidence, including any evidence of voluntary intoxication, you are left with a reasonable doubt that ____________ (name of defendant) specifically intended to kill ____________ (name of decedent), you must find ____________ (name of defendant) not guilty of the offense charged in the indictment.
RELATED NCJIC MATERIALS:
NCJIC 92.7.4.5 [Intentional Murder: Intoxication].
NCJIC 92.8.3.7 [Intoxication To Negate Mental State Required For Unintentional Murder
NCJIC 256.5 [Intoxication, Involuntary].
NCJIC 256.6 [Intoxication, Voluntary].
NCJIC 305.9.11 [Intoxication And Criminal Liability].