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

Witness Bias: Financial Interest In Case

    1.    Witness Bias: Economic Interest In Charges
    2.    Witness Bias: Reward For Information In Drug Case
    3.    Witnesses Who Have Received Monetary Or Other Benefits
    4.    Witnesses Who Hope To Received Benefits
    5.    Prosecution Intervention With Parole Authorities Or Witness’ Employer


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

1.    Witness Bias: Economic Interest In Charges

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

SAMPLE INSTRUCTION # 1:

    Any witness who testifies that (he/she) had an economic interest in someone being charged with these offenses is a witness whose testimony should be viewed with caution and care.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Robinson, No. 78-CR-106 (E.D. Wis. 1979).

SAMPLE INSTRUCTION # 2:

    In considering the bias of a witness, you may consider whether (he/she) had a financial interest in whether a defendant was charged with or convicted of a crime.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Witnesses Generally.

See also THE SHELLOW COLLECTION: Witness Bias: Generally.

See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.

RELATED NCJIC MATERIALS:

See NCJIC 27.2.7 [Witness Credibility: Financial Interest Of Witness In Outcome Of Proceeding].

See also NCJIC 37.9 [Relevance Of Motive: Interest Of Witness In Outcome Of Proceeding].


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

2.    Witness Bias: Reward For Information In Drug Case

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

SAMPLE INSTRUCTION:

    A person who furnishes information concerning a violation of the federal drug laws may file a claim for an award of compensation, and the Attorney General is authorized to pay such sum or sums of money as (he/she) may deem appropriate for such information. If you find that a witness has been influenced by the hope of obtaining an informer's award or other financial advantages, you should view the testimony of that witness with more caution than the testimony of other witnesses.

AUTHORITIES:

21 USC 886(a).

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Witnesses Generally.

See also THE SHELLOW COLLECTION: Witness Bias: Generally.

See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.

RELATED NCJIC MATERIALS:

See NCJIC 27.2.7 [Witness Credibility: Financial Interest Of Witness In Outcome Of Proceeding].

See also NCJIC 37.9 [Relevance Of Motive: Interest Of Witness In Outcome Of Proceeding].


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

3.    Witnesses Who Have Received Monetary Or Other Benefits

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

SAMPLE INSTRUCTION # 1:

    You have heard testimony that certain government witnesses have received monetary benefits from the government in connection with this case.

    You may give the testimony of such a witness such weight as you feel it deserves, keeping in mind that it must be considered with caution and great care.

AUTHORITY:

Seventh Circuit Federal Criminal Jury Instruction, 3.13 [Witnesses Requiring Special Caution] [formerly 3.20].

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Casey, No. 85-CR-111 (E.D. Wis. 1986).

SAMPLE INSTRUCTION # 2:

    You have heard testimony that several witnesses have received benefits from the government in connection with this case. You may give their testimony such weight as you feel it deserves, keeping in mind that it must be considered with caution and great care.

AUTHORITIES:

Seventh Circuit Federal Criminal Jury Instruction, 3.13 [Witnesses Requiring Special Caution] [formerly 3.20] (1980), modified.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Jackson, No. 89-CR-62 (E.D. Wis. 1990).

SAMPLE INSTRUCTION # 3:

    The testimony of a witness who has received some benefit from the government in exchange for (his/her) testimony should always be weighed with caution and considered with care.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Witnesses Generally.

See also THE SHELLOW COLLECTION: Witness Bias: Generally.

See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.

RELATED NCJIC MATERIALS:

See NCJIC 27.2.7 [Witness Credibility: Financial Interest Of Witness In Outcome Of Proceeding].

See also NCJIC 37.9 [Relevance Of Motive: Interest Of Witness In Outcome Of Proceeding].


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

4.    Witnesses Who Hope To Received Benefits

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

SAMPLE INSTRUCTION # 1:

    The testimony of a witness who has hopes or expectations that (he/she) will receive some benefit from the government as a result of (his/her) testimony should always be weighed with greater caution than the testimony of an ordinary witness.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Witnesses Generally.

See also THE SHELLOW COLLECTION: Witness Bias: Generally.

See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.

RELATED NCJIC MATERIALS:

See NCJIC 27.2.7 [Witness Credibility: Financial Interest Of Witness In Outcome Of Proceeding].

See also NCJIC 37.9 [Relevance Of Motive: Interest Of Witness In Outcome Of Proceeding].


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

5.    Prosecution Intervention With Parole Authorities Or Witness’ Employer

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

SAMPLE INSTRUCTION:

    In weighing the testimony of any witness you may consider whether that witness believes that (he/she) was promised consideration by the government in return for (his/her) testimony. Such consideration could consist of the deductibility of payments to , intervention with parole authorities or promises to intervene with the witness's employer if it should appear that the witness's testimony might jeopardize (his/her) employment. In the case of such promises, it is not the fact of the promise which is important, but the hopes or expectations of the witness concerning what (he/she) believes to be the promise while (he/she) is testifying on the stand. In each instance the jury must assess whether the witness' hopes or expectations of assistance from the government have affected (his/her) testimony and, if the jury concludes that such hopes or expectations have affected the testimony, then the jury may take this into consideration in determining what weight to give to the testimony of such witness.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Witnesses Generally.

See also THE SHELLOW COLLECTION: Witness Bias: Generally.

See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.

RELATED NCJIC MATERIALS:

See NCJIC 27.2.7 [Witness Credibility: Financial Interest Of Witness In Outcome Of Proceeding].

See also NCJIC 37.9 [Relevance Of Motive: Interest Of Witness In Outcome Of Proceeding].