THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Witness Bias: Non-Responsive Answers
1.
Witness Credibility: Nonresponsive Answers May Demonstrate Bias Of Witness
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Witness Credibility: Nonresponsive Answers May Demonstrate Bias Of Witness
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
A witness who volunteers evidence against an accused, and does so by giving non-responsive answers to the questions asked, may be biased against an accused. If the jury concludes that any witness is biased against an accused, it may consider this bias in determining what weight to give to the testimony of the witness.
SAMPLE INSTRUCTION # 2:
A witness who volunteers evidence [for or] against an accused, and does so by giving non-responsive answers to the questions asked, may be biased [for or] against an accused. If the jury concludes that any witness is biased [for or] against an accused, it may consider this bias in determining what weight to give to the testimony of the witness.
SAMPLE INSTRUCTION # 3:
Non-responsive answers by a government employee upon the witness stand may reflect a bias against the defendants and in favor of the government if the non-responsive answers persistently favor the government. Accordingly, if you find that a witness's answers were regularly not responsive to the questions and that the witness persistently volunteered more than an answer to the question reasonably required, and that the volunteered portion was adverse to a defendant, then you may consider whether the witness had a bias against the defendants and, if you find such bias, may take it into consideration in determining what weight to give to the testimony of the witness.
SAMPLE INSTRUCTION # 4:
A witness who volunteers answers which are not responsive to the questions and whose answers appear to be intended to help either the prosecution or the defense may be a biased witness and the testimony of such a witness, accordingly, should be considered with caution.
CASES WHERE THE SAMPLE INSTRUCTION # 1 INSTRUCTION WAS GIVEN:
United States v. Kramer, No. 81-CR-106 (E.D. Wis. 1982); State v. Gandhi, No. 89-CF-281 (Racine County 1990) [bracketed material added]; People v. Nechy, No. 85-4627-FH (Delta County, Michigan Circuit Court).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Witness Bias: Generally.
RELATED NCJIC MATERIALS:
See NCJIC 25.17.4 [Outburst Or Nonresponsive Answers By Witness As Indication Of Bias Against Defendant].
See NCJIC 27.2.8 [Witness Credibility: Understanding Of Questions].
See NCJIC 27.6 [Police Officers And Governmental Employees].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Judge’s Response To Unresponsiveness: No Inference Re: Credibility Of Witness
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
I spoke sharply to __________ (name of witness) when it appeared that one of (his/her) answers was not responsive to the question asked of (him/her) by __________ (name of prosecutor).
Similarly, on several occasions I admonished __________ (name of law enforcement officer) to answer the questions asked of (him/her) by __________ (name of defense attorney) and not to volunteer statements which were not responsive.
The jury may not and should not infer from these actions on my part that I have any attitude whatsoever toward the credibility of these witnesses.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
State v. Clay, No. 87-CF-0201 (Waukesha County Circuit Court, October, 1989).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Witness Bias: Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC 16.14.3 [Conduct Of Judge: Miscellaneous Issues And Instructions].
See NCJIC 25.17.4 [Outburst Or Nonresponsive Answers By Witness As Indication Of Bias Against Defendant].
See NCJIC 27.2.8 [Witness Credibility: Understanding Of Questions].
See NCJIC 27.6 [Police Officers And Governmental Employees].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Witness Refusal To Answer: Inference
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Witness __________ (name of witness) refused to answer a question concerning __________ (subject matter of question, e.g., the witness’ finances). (His/Her) refusal was not justified and the Court could have ordered (him/her) to answer on pain of being held in contempt for (his/her) continued refusal. Although the Court did not take this action, you may infer from __________’s (name of witness) refusal to answer that (he/she) wanted to conceal this __________ (subject matter, e.g., financial transaction).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Witness Bias: Generally.
RELATED NCJIC MATERIALS:
See generally NCJIC 16.14.3 [Conduct Of Judge: Miscellaneous Issues And Instructions].
See NCJIC 25.17.4 [Outburst Or Nonresponsive Answers By Witness As Indication Of Bias Against Defendant].
See NCJIC 27.2.8 [Witness Credibility: Understanding Of Questions].
See NCJIC 84.1.2.4 [Contempt/Obstruction Of Justice For Refusal To Testify: Fear Of Reprisal As Defense Theory].
See NCJIC 305.3.12 [Contempt/Failure To Appear/Obstruction Of Justice].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Witness Credibility: Volunteered Prejudicial Statements As Sign Of Bias
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A witness who persistently volunteers statements prejudicial to a defendant when such responses are not called for by the questions which are asked is behaving in a manner that is offensive to the fair administration of justice. You may consider this tendency of the witness in evaluating his possible bias, and hence in deciding the credibility of that witness.
AUTHORITY:
United States v. Andrea, 538 F.2d 1255 (6th Cir. 1976.)
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witnesses Generally.
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Witness Bias: Generally.
RELATED NCJIC MATERIALS:
See NCJIC 25.17.1 [Outbursts By Witnesses: Curative Admonition].
See NCJIC 25.17.4 [Outburst Or Nonresponsive Answers By Witness As Indication Of Bias Against Defendant].
See NCJIC 27.2.8 [Witness Credibility: Understanding Of Questions].