THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Witness Credibility: Immunity And Immunized Witnesses
1. "Immunity"
Defined; Jury To Decide Weight Of Testimony
2. Only Government Can
Grant Immunity
3. Testimony From
Immunized Witness Should Be Examined With Greater Care
4. Jury May Disregard
Testimony Which Has Been Influenced By Grant Of Immunity
5. Defense Theory: False
Testimony For Grant Of Immunity
6. Immunity: Agreement To
Incriminate A Specific Person Should Be Viewed With Caution
7. Immunity: Agreement To
Tell The Truth Is No Assurance That Witness Testified
Truthfully
8. Witness Receiving
Benefit For Truthful Testimony: Prosecutor Decides Whether
Testimony Is Truthful
9. Immunity: Jury Should
Consider Value Of The Agreement Or Deal
10. Testimony Should Be Weighed With
Care And Caution Unless It Is Corroborated
By Other Credible Evidence
11. Immunity: Refusal To Answer
Questions On Cross-examination – Inference
12. No Immunity For Defense Witness
Refusal To Testify
13. Jury May Consider Whether Refusal
Of The Prosecution To Seek Immunity For
Defense Witness Creates Inference That
Prosecution Is Attempting To Keep Such
Testimony From Jury
14. Witness With Transactional
Immunity
15. Partial Immunity: Cautionary
Instruction
16. Witness Receiving Benefit From
Prosecution: Downward Sentencing Departure
Must Be Requested By Prosecutor
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. "Immunity" Defined; Jury To Decide Weight Of Testimony
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A witness whose testimony might incriminate (him/her) of a crime cannot be compelled to testify over (his/her) assertion of (his/her) Fifth Amendment privilege against self-incrimination. (He/She) can be compelled to testify, however, if a court grants (him/her) immunity from prosecution because then (he/she) does not need the protection of the Fifth Amendment.
The laws of this state permit only the State to request the Court to grant immunity to a witness and thereby compel (his/her) testimony. The law does not authorize a defendant to request a comparable grant of immunity for witnesses (he/she) wishes to call.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Lee Linton, CR-R-80-24 ECR (D. Nev. 1981); United States v. Kramer, 81-CR-106 (E.D. Wis. 1981).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Only Government Can Grant Immunity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
The laws of the United States permit only the government to grant immunity to a witness and thereby to compel his or her testimony. The law does not authorize a defendant to grant immunity for witnesses (he/she) wishes to call.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mercado, Case No. 93-CR-116 (E.D. Wis. 1994); United States v. Zapata, No. 87-CR-84 (E.D. Wis. 1987); United States v. Ehrlich, No. 85-CR-77 (E.D. Wis. 1985); United States v. Kramer, No. 81-CR-106 (E.D. Wis. 1982); United States v. Linton, No. CR-R-80-24-ECR (D. Nev. 1981).
SAMPLE INSTRUCTION # 2:
The laws of the United States permit only the Government to [see [request the Court to] grant immunity to a witness and thereby to compel (his/her) testimony. The law does not authorize a defendant to [request a comparable] grant [of] immunity for witnesses (he/she) wishes to call.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Kramer, Case No. 81-CR-106 (E.D. Wis. 1982) [bracketed material deleted]; United States v. Linton, No. CR-R-80-24-ECR (D.C. Nev. 1981).
SAMPLE INSTRUCTION # 3:
The law only permits the prosecutor to obtain immunity for a witness and to thereby compel the testimony of the witness over an assertion of a privilege against self-incrimination. The defense does not have the power to request immunity for witnesses it wishes to call and who would assert a privilege against compulsory self-incrimination.
SAMPLE INSTRUCTION # 4:
In considering the evidence in this case, you should know that, under the law, only the government has the power to compel testimony from a witness who has asserted a privilege against self-incrimination. It can do this by asking the Court to grant immunity to the witness. A defendant has no right to ask this Court to grant immunity to a witness (he/she) wishes to call.
SAMPLE INSTRUCTION # 5:
In considering the evidence in this case, you may consider that only the government has the power to request this court to immunize a witness and thereby to compel his testimony. The defendants do not have the power to request immunity for witnesses they wish to call.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Linton, No. CR-R-80-24-ECR (D.C. Nev. 1981).
SAMPLE INSTRUCTION # 6:
You are instructed that only the prosecution has the power to promise that a witness will not be prosecuted and the power to ask this Court to grant immunity to a witness. The defendant cannot compel a witness to testify over an assertion by the witness that such testimony would be incriminating.
AUTHORITY:
United States v. Hollinger, 553 F.2d 535, 547-48 & nn.15 & 16 (7th Cir. 1977).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mercado, Case No. 93-CR-116 (E.D. Wis. 1994); United States v. Zapata, No. 87-CR-84 (E.D. Wis. 1987); United States v. Ehrlich, No. 85-CR-77 (E.D. Wis. 1985); United States v. Kramer, No. 81-CR-106 (E.D. Wis. 1982); United States v. Linton, No. CR-R-80-24-ECR (D. Nev. 1981).
SAMPLE INSTRUCTION # 7:
A prosecutor does not have the power to confer immunity upon a witness. Immunity can only be granted by a judge.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Testimony From Immunized Witness Should Be Examined With Greater Care
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
A witness who has been granted immunity from prosecution is not an ordinary witness. (His/Her) testimony should be received with caution and then given such weight as you feel it deserves.
SAMPLE INSTRUCTION # 2:
You have heard the testimony of persons who provided evidence for the government in exchange for a promise that they would not be prosecuted for the things they are testifying about or that the prosecutor would recommend lenient treatment in their cases. They told the government what they would testify to in exchange for these promises.
The government may present the testimony of someone who has been promised favorable treatment in (his/her) own case in exchange for (his/her) testimony. Some people in this position are entirely truthful when testifying. Still, you should consider the testimony of these persons with more caution than the testimony of other witnesses. They may have had reason to make up stories or exaggerate what others did because they wanted to strike good bargains with the government about their own cases. In deciding whether you believe their testimony, you should keep these comments in mind.
AUTHORITY:
Federal Judicial Center, PATTERN CRIMINAL JURY INSTRUCTIONS No. 24 [Testimony of Accomplice or Other Witness Testifying in Exchange for Immunity or Reduced Criminal Liability: Cautionary Instruction Evaluating Particular Kind of Evidence] (1988).
SAMPLE INSTRUCTION # 3:
The testimony of a witness who is operating under any promises from the government that (he/she) won't be prosecuted or that there will be limitation upon what otherwise might be the scope or number of (his/her) prosecutions or the sentence (he/she) might get must be scrutinized with special care. It may be received by you and considered by you, even though not corroborated or supported. You should consider whether the testimony of such a witness may be colored in such a way as to further the witness' own interest or a witness who realizes that (he/she) may procure (his/her) own freedom or a lighter sentence by incriminating others has a motive to falsify. You take this into account in deciding what weight to give, if any, to the testimony of a witness who has such a promise or hope or such an expectation. Also, the testimony of an admitted perjurer should always be considered with caution and weighed with great care.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Oliver, No. C-CR-78-59 (W.D.N.C. 1979).
SAMPLE INSTRUCTION # 4:
The government has the right to use as a witness any person to whom it has granted immunity from prosecution.
The testimony of one to whom immunity has been granted is to be received with greater caution and weighed with more care than the testimony of an ordinary witness. You should consider that testimony carefully to determine whether in your opinion the immunized witness may have testified falsely in order to further his or her own interests.
You should give that testimony the weight which in your judgment it is fairly entitled to receive.
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: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Jury May Disregard Testimony Which Has Been Influenced By Grant Of Immunity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The testimony of a witness who has been promised immunity in return for his testimony may be influenced by such immunity. If you find that any part of a witness' testimony has been influenced by a grant of immunity, you are entitled to disregard all of the testimony of such witness except to the extent that it is corroborated by other credible evidence.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
State v. Schaffer, No. I-4977, (Circuit Court, Milwaukee, County).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Defense Theory: False Testimony For Grant Of Immunity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
It is the defendant's theory of this case that __________ (name of immunized witness) intentionally testified falsely upon this trial because of (his/her) expectations that such testimony would result in (his/her) being granted immunity for certain crimes which (he/she) committed and (his/her) hope that such testimony would favorably affect (his/her) sentence on the charge of __________ (crime) to which (he/she) pleaded guilty.
If upon all the evidence you have heard and the evidence in support of the defendant's theory there is created in your mind reasonable doubt of the defendant's guilt then you must find (him/her) not guilty.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
State v. Schaffer, No. I-4977, (Circuit Court, Milwaukee, County).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
6. Immunity: Agreement To Incriminate A Specific Person Should Be Viewed With Caution
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The testimony of a witness whose agreement or deal with the prosecution requires that (he /she)incriminate an identified and specific person is suspect and should be received with caution, because of the pressures the witness may feel to implicate an innocent person who was selected by the police.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
7. Immunity: Agreement To Tell The Truth Is No Assurance That Witness Testified Truthfully
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Merely because a witness has, as part of his agreement with the prosecution, agreed to tell the truth, gives no assurance that he has testified truthfully. In weighing the testimony of such a witness, you may consider the extent to which he failed to tell the truth or concealed the truth after the agreement was made and in violation of it.
SAMPLE INSTRUCTION # 2:
A number of witnesses testified that they had received immunity letters from the government and had entered into agreements with the government that they would not be prosecuted for their testimony. Several of these witnesses testified, in addition, that they recognized that, if they committed perjury, they would be prosecuted for this offense. The mere fact that the government has compelled a witness to testify under a grant of immunity does not constitute a vouching for the credibility or truthfulness of the witness by the government. That is, merely because a witness testifies under threat of perjury is no guarantee by the government that the witness is telling the truth.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Kramer, No. 81-CR-106 (E.D. Wis. 1982).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
See also NCJIC 272.4.5 [Prosecutor Misconduct: Improper Vouching For Witness].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
8. Witness Receiving Benefit For Truthful Testimony: Prosecutor Decides Whether Testimony Is Truthful
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
When the government enters into a plea agreement with a witness which requires that the witness give truthful testimony, it is the prosecutor and not the Court who makes the determination of whether the witness has been truthful.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
See also NCJIC 272.4.5 [Prosecutor Misconduct: Improper Vouching For Witness].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
9. Immunity: Jury Should Consider Value Of The Agreement Or Deal
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In weighing the testimony of a witness who has a deal or agreement with the prosecution, the jury should consider the value of the agreement or the deal to the witness and should assess the probability that the benefits which he has and will receive would cause him to testify falsely.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
10. Testimony Should Be Weighed With Care And Caution Unless It Is Corroborated By Other Credible Evidence
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The testimony of a witness who has been promised immunity from prosecution should be weighed with care and caution unless such testimony is corroborated by other credible evidence.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
11. Immunity: Refusal To Answer Questions On Cross-examination – Inference
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
When a witness, who has been promised immunity, refuses to answer a question on cross-examination concerning (his/her) own unlawful conduct, the jury may infer that the exposure of the witness to criminal prosecution is greater than was known to the government at the time of the promise of immunity.
AUTHORITIES:
Cf. Baxter v. Palmigiano, 425 U.S. 308 (1976) [adverse inference may be drawn against party who exercises privilege against self-incrimination in civil case]; but cf. United States v. Harris, 542 F.2d 1283 (7th Cir. 1976).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
12. No Immunity For Defense Witness Refusal To Testify
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A defendant cannot ask the Court to confer immunity upon his witnesses if they assert their privilege against self-incrimination and refuse to testify.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
13. Jury May Consider Whether Refusal Of The Prosecution To Seek Immunity For Defense Witness Creates Inference That Prosecution Is Attempting To Keep Such Testimony From Jury
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
While neither the defendant nor the court has the power to compel a prosecutor to ask that immunity be granted for a witness, it is proper for the jury to consider whether the refusal of the prosecution to seek immunity for a defense witness creates the inference that the prosecution is attempting to keep such testimony from the jury. If a jury concludes that the prosecution is attempting to keep from it testimony which would be noncumulative and relevant to the issues in the case, it may, if it wishes, draw the inference that such testimony, if it had been produced, would be contrary to the prosecution's case and tend to support the defendant's theory of defense.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
14. Witness With Transactional Immunity
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
You have heard testimony that one witness, __________ (name witness), was promised that (he/she) would not be prosecuted in connection with this case. Only the government has the power to grant such immunity from prosecution. While you may give the testimony of __________ (name witness) such weight as you believe it deserves, you should consider it with great care and caution in light of that promise by the government.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
15. Partial Immunity: Cautionary Instruction
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
You have heard testimony from numerous witnesses who received immunity; that is, a promise from the government that any testimony or other information they provided would not be used against them in a criminal 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:
Federal Criminal Jury Instructions, Seventh Circuit 3.13 [Witnesses Requiring Special Caution] [formerly §3.19] (West Publishing Co. 1980).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Marrinson, No. 85-CR-225 (N.D. Ill. 1986); United States v. Casey, No. 85-CR-111 (E.D. Wis. 1986); United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
16. Witness Receiving Benefit From Prosecution: Downward Sentencing Departure Must Be Requested By Prosecutor
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In weighing the testimony of a witness who is facing federal charges or one who has been convicted, but not yet sentenced, or who has asked a court to reduce a sentence, you may consider that a federal court has only a very limited discretion in determining what sentence it will impose.
Federal law includes sentencing guidelines and a federal judge, under most circumstances, must sentence a defendant convicted of a drug offense to a term of imprisonment within the guideline range.
However, when the prosecutor believes that a defendant has given substantial assistance to the government, the prosecutor may ask this Court to impose a sentence below the guideline range and then the Court has the power to do so. A defendant cannot secure such a reduction by (himself/herself); the Court cannot do it on its own.
If the prosecutor does not ask for a "downward departure," then the Court is powerless to give one regardless of its attitude toward a defendant.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Bias: Leniency For Testimony.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
RELATED NCJIC MATERIALS:
See NCJIC 25.5 [Witness Immunity].
See also NCJIC 25.7 [Witness Or Informant Receiving Benefit From Prosecution].