THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Witnesses: Coaching, Leading Witness
1. Improper To Provide
Witnesses With Scripts They Are Required To Follow
2. Leading Own Witnesses:
Evidence Of Weakness Of Case
3. Permissible For Jury To
Consider Coaching
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Improper To Provide Witnesses With Scripts They Are Required To Follow
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A government witness testified that (he/she) was provided with a script for (his/her) testimony prior to his being called to the stand by the government. It is proper for an attorney to meet with witnesses and to discuss with them their anticipated testimony. It is not proper to place words in their mouths nor to provide them with scripts which they are required to follow in answering questions by counsel. In weighing the testimony of government witnesses, you may consider, if you wish, whether such witnesses were provided either with scripts of their proposed answers or were required to memorize the answers which the prosecutors expected of them.
AUTHORITY:
See also FEDERAL RULES OF EVIDENCE, Rule 611(c) [Mode And Order Of Interrogation And Presentation: Leading Questions].
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Prosecution Misconduct: Coaching Witnesses.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Leading Own Witnesses: Evidence Of Weakness Of Case
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Efforts by the government agents to place words in the mouth of one of its witnesses is evidence of the weakness of the government's case.
AUTHORITY:
See also FEDERAL RULES OF EVIDENCE, Rule 611(c) [Mode And Order Of Interrogation And Presentation: Leading Questions].
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Evidence – Weaker Or Less Satisfactory Evidence.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Prosecution Misconduct: Coaching Witnesses.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Permissible For Jury To Consider Coaching
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
In considering the testimony of any witness, you may consider whether the witness was coached by either of the parties.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Kramer, No. 81-CR-106 (E.D. Wis. 1982).
SAMPLE INSTRUCTION # 2
You are instructed that evidence that either party has coached a witness may be considered by you in determining the credibility of such witness.
AUTHORITY:
See also FEDERAL RULES OF EVIDENCE, Rule 611(c) [Mode And Order Of Interrogation And Presentation: Leading Questions].
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Prosecution Misconduct: Coaching Witnesses.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.