THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Witness Credibility: Generally & Miscellaneous
1. Witness Credibility:
Selective Recall Of Facts Which Favor Only One Party
2. Witness Credibility:
Selective Recall of Facts Which Only Relate To The Prosecution
3. Witness Credibility:
Candor or Evasiveness
4. Witness Credibility:
Improbable Statements
5. Witness Credibility:
Jurors May Consider Witness’ Familiarity With Courtroom
Procedure
6. Jury Decides
Credibility; Witness Factors To Consider
7. Jurors Should Judge
Testimony Of Defendant In The Same Manner As They
Judge Testimony Of Any Other
Witness
8. Jury Need Not Accept
All Of The Evidence As True Or Accurate; May Accept Or
Reject The Testimony Of
Any Witness In Whole Or In Part
9. Witness Credibility: Past Contradictory Statements
10. Jury May Disbelieve
Uncontradicted Witness
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Witness Credibility: Selective Recall Of Facts Which Favor Only One Party
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering the credibility of a witness you may consider, if you wish, (his/her) selective recall. If the witness is able to recall only the facts which favor one party and unable to recall comparable facts which occurred at approximately the same time which might favor the other party, then you are entitled to consider whether such selective recall [should be evaluated in weighing the witness's credibility] [affects the witness's credibility].
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mercado, Case No. 93-CR-116 (E.D. Wis. 1994); United States v. Kramer, No. 81-CR-106 (E.D. Wis. 1982); United States v. Matta, No. 82-CR-20 (E.D. Wis. 1982).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Witness Credibility: Selective Recall of Facts Which Only Relate To The Prosecution
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
In considering the credibility of a witness you may consider, if you wish, (his/her) selective recall. If the witness is able to recall only the facts related to the prosecution, and is unable to recall facts of equal importance which appear unrelated to the prosecution, then you may consider such selective recall in weighing the witness' credibility.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
State v. Dronso, No. H-9460 (Circuit Court, Milwaukee County, 1975).
SAMPLE INSTRUCTION # 2:
You are instructed that in considering the credibility of a witness you may consider, if you wish, his selective recall. If the witness is able to recall only the facts related to the prosecution, and is unable to recall facts of equal importance which appear unrelated to the prosecution, then you are entitled to consider whether such selective recall should be considered in weighing that witness' credibility.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Witness Credibility: Candor Or Evasiveness
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering the credibility of a witness, you may consider (his/her) candor or lack of candor and (his/her) evasiveness or forthrightness.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mercado, Case No. 93-CR-116 (E.D. Wis. 1994); United States v. Kramer, No. 81-CR-106 (E.D. Wis. 1982); State v. Purdy, Milwaukee County Case No. F-932187 (1994); State v. Dronso, No. H-9460 (Circuit Court, Milwaukee County, 1975); State v. King, No. H-6027 (Circuit Court, Milwaukee County).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Witness Credibility: Improbable Statements
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
If you find that any statement in the testimony of a witness is inherently improbable when the same is considered in connection with all the evidence, then you may disregard such statement even in the absence of any evidence conflicting therewith.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Kramer, Case No. 81-CR-106 (E.D. Wis. 1982); United States v. Linton, No. CR-R-80-24-ECR (D.C. Nev. 1981).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Witness Credibility: Jurors May Consider Witness’ Familiarity With Courtroom Procedure
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In considering the credibility of a witness and the ease or lack thereof which he or she displayed while testifying, you may consider whether the environment of a courtroom and its procedures are familiar or foreign to the witness and the experience which the witness has had in the process of direct and cross-examination.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
6. Jury Decides Credibility; Witness Factors To Consider
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
You are the sole judges of the credibility, or believability, of the witnesses, and of the weight to be given the testimony of each of them. In considering the testimony of any witness, you may take into account his or her intelligence, his or her ability to observe, age, memory, manner while testifying, any stake in the outcome, bias or prejudice he or she may have, and the reasonableness of his or her testimony considered in the light of all of the other evidence in the case.
AUTHORITIES:
Federal Criminal Jury Instructions of the Seventh Circuit, 1.03 [Testimony of Witnesses (Deciding What to Believe)] [formerly § 1.02 (1980), slightly modified in form, but not in substance].
SAMPLE INSTRUCTION # 2:
You are the sole judges of the credibility of the witnesses, and of the weight to be given to the testimony of each of them. In considering the testimony of any witness, you may take into account his or her intelligence, his or her ability and opportunity to observe, his or her memory, his or her manner while testifying, any interest, bias or prejudice he or she may have, and the reasonableness of his or her testimony considered in the light of all the evidence in the case.
AUTHORITIES:
Federal Criminal Jury Instructions of the Seventh Circuit, 1.03 [Testimony of Witnesses (Deciding What to Believe)] [formerly § 1.02 (1980), slightly modified in form, but not in substance].
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Napue, No. 84-CR-155 (N.D. Ill. 1985).
SAMPLE INSTRUCTION # 3:
You are the sole Judges of the credibility of the witnesses. You alone are to determine whether and to what extent any witness should be believed. If there is any conflict in the testimony, it is your function to resolve the conflict and to determine where the truth lies.
In weighing the testimony of any witness, you may consider his or her demeanor on the witness stand; whether he or she appeared to have an accurate recollection; whether he or she had any motive for not telling the truth; to what extent he or she had the opportunity to observe the matters about which he or she testified; whether he or she had any interest in the outcome of this case; as well as any other matter that you feel bears upon the believability of his or her testimony.
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.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
7. Jurors Should Judge Testimony Of Defendant In The Same Manner As They Judge Testimony Of Any Other Witness
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
You are the sole judges of the credibility of the witnesses, and of the weight to be given to the testimony of each of them. In considering the testimony of any witness, you may take into account his intelligence, his ability and opportunity to observe, his age, his memory, his manner while testifying, any interest, bias or prejudice he may have, and the reasonableness of his testimony considered in light of all the evidence in the case.
You should judge the testimony of the defendant in the same manner as you judge the testimony of any other witness.
AUTHORITIES:
Federal Criminal Jury Instructions of the Seventh Circuit, 1.03 [Testimony of Witnesses (Deciding What to Believe)] [formerly § 1.02 (1980), slightly modified in form, but not in substance].
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
8. Jury Need Not Accept All Of The Evidence As True Or Accurate; May Accept Or Reject The Testimony Of Any Witness In Whole Or In Part
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Now, I have said that you must consider all of the evidence. This does not mean, however, that you must accept all of the evidence as true or accurate.
You are the sole judges of the credibility or "believability" of each witness and the weight to be given to this testimony. In weighing the testimony of a witness you should consider his relationship to the government or the defendants; his interest, if any, in the outcome of the case; his manner of testifying; his opportunity to observe or acquire knowledge concerning the facts about which he testified; his candor, fairness and intelligence; and the extent to which he has been supported or contradicted by other credible evidence. You may, in short, accept or reject the testimony of any witness in whole or in part.
AUTHORITIES:
Modified, Pattern Criminal Jury Instructions of the Fifth Circuit, 1.08 [Credibility of Witnesses] [formerly No. 6] [modified].
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 27: Witness Credibility.
See NCJIC 27.1.2 [Credibility Of Witness: Jury May Believe A Portion Of Testimony].
See also NCJIC 29.2.8 [Expert Witness: Jury May Believe All, Part Or None Of The Expert Testimony].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
9. Witness Credibility: Past Contradictory Statements
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
CAVEAT: Use of the term "accomplice" may be prejudicial to the defendant. See NCJIC 25.6.6 [No Reference To The Term "Accomplice"].
SAMPLE INSTRUCTION:
A witness who has made contradictory accusations to an accomplice at times he did not know that his words were overheard by the police may be less credible in repeating one of these accusations at later times.
RELATED NCJIC MATERIALS:
See NCJIC Chapter 27: Witness Credibility.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
10. Jury May Disbelieve Uncontradicted Witness
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
You are not obligated to accept testimony, even though the testimony is uncontradicted and the witness is not impeached. You may decide, because of the witness's bearing and demeanor, or because of the inherent improbability of his testimony, or for other reasons sufficient to you, such testimony is not worthy of belief.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Mercado, Case No. 93-CR-116 (E.D. Wis. 1994); State v. Stevens, No. J-9112 (Milwaukee County Circuit Court, 1982);United States v. Kramer, Case No. 81-CR-106 (E.D. Wis. 1982).
RELATED NCJIC MATERIALS:
See NCJIC 27.1.2 [Credibility Of Witness: Jury May Believe A Portion Of Testimony].
See also NCJIC 29.2.8 [Expert Witness: Jury May Believe All, Part Or None Of The Expert Testimony].