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

    1.    Murder: Uncharged Conduct To Be Disregarded
    2.    Murder: Jury Sequestration Explained


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

1.    Murder: Uncharged Conduct To Be Disregarded

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

SAMPLE INSTRUCTION:

    You are instructed that the defendant is only on trial in this case for ___________. Your duty as jurors in this case extends to deciding his guilt or innocence only as to this charge. Therefore, if any of you feel that the evidence presented suggests that the defendant is guilty of committing other crimes or was engaged in other misdeeds, you are directed to completely disregard these thoughts and may not consider the possible existence of such other crimes or misdeeds in deciding whether or not the defendant is guilty of the crime for which he is presently on trial.

RELATED NCJIC MATERIALS:

NCJIC 25.13.7 [Uncharged Acts: Not Relevant To Show Bad Character Or Criminal Propensity Or That Defendant Committed The Charged Act].

NCJIC 25.20 [Uncharged Acts To Prove Propensity (FRE 413-415)].

NCJIC 26.5 [Uncharged Acts To Prove Issues Other Than Propensity].

NCJIC 305.21.2 [Uncharged Acts].


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

2.    Murder: Jury Sequestration Explained

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

SAMPLE INSTRUCTION:

    The law of the state of _____________ requires that a jury in a murder case be sequestered. At the outset of this trial I was of the belief that a murder jury could be joined by members of the immediate family provided that neither the prosecutor nor defense counsel objected. After authorities of law were submitted by counsel on this point, I concluded that it would be an error of law of major importance if I had permitted the jury to be with their families on Thanksgiving or at any other time even if I had secured the consent and approval of all parties. Had I permitted this, I am convinced that these proceedings would be void.

AUTHORITIES:

Oborn v. State, 143 Wis. 249, 126 N.W. 737 (1910); Hempton v. State, 111 Wis. 127, 86 N.W. 596 (1901).

RELATED NCJIC MATERIALS:

NCJIC 17.5.1 [Propriety Of Sequestering Jury].

NCJIC 17.5.2 [Sequestering Jury: Cautionary Instruction].