SAMPLE INSTRUCTION # 1:

    While it is permissible for any witness to use any document to refresh recollection of events previously witnessed, or of transactions to which he or she was a party, it is not proper for a witness to review such a document in order to make present testimony consistent with a prior statement. If you believe that any witness reviewed documents previously prepared, for the sole purpose of having his or her testimony upon this trial consistent with such documents, then you are entitled to weigh this circumstance in determining the credibility of the witness.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

SAMPLE INSTRUCTION # 2:

    It is permissible to prepare witnesses by reviewing with them previous testimony they have given, previous interviews and documents with which they are familiar. In determining the credibility of witnesses, you may consider whether they reviewed their prior testimony for the purpose of refreshing their recollection or for the purpose of insuring that their testimony upon this trial would be consistent with prior testimony they have given.

SAMPLE INSTRUCTION # 3:

    While it is permissible for any witness to use any document to refresh his recollection of events which he witnessed, or of transactions to which he was a party, it is not proper for a witness to review such a document in order to make his present testimony consistent with a prior statement. If you believe that any witness reviewed documents previously prepared by him, or by others, for the sole purpose of having his testimony upon this trial consistent with such documents, then you are entitled to weigh this circumstance in determining the credibility of the witness.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

SAMPLE INSTRUCTION # 4:

    In considering the testimony of a witness, you may consider whether he or she read previous testimony for the purpose of refreshing his or her recollection, or whether the reading was for the purpose of ensuring that his or her testimony upon the trial would be consistent with testimony previously given. If you conclude that any witness was prompted to read prior testimony for the purpose of ensuring consistency, you may consider this fact in weighing the credibility of the trial testimony of that witness, and in weighing the extent to which the witness recalls the matters to which he testifies.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

RELATED SHELLOW MATERIALS:

RELATED NCJIC MATERIALS:

SAMPLE INSTRUCTION # 1:

    While it is perfectly proper for a witness to review anything at all, including his or her prior statements and testimony, for the purpose of helping the witness remember the events about which he or she is going to testify, it is not proper for a witness to review previous statements or testimony for the purpose of making the testimony on this trial consistent with the prior statements or testimony.

    A witness who has reviewed his or her statements or testimony for the purpose of making his or her trial testimony consistent with these prior statements should be viewed with caution and the testimony of such a witness considered with distrust.

SAMPLE INSTRUCTION # 2:

    Under some circumstances it is perfectly proper for a witness to review prior testimony (he/she) has given to refresh (his/her) recollection of events to which (he/she) has testified. It is not proper for a witness to review (his/her) prior testimony for the purpose of making )his/her) trial testimony consistent with (his/her) earlier testimony. If any witness has reviewed (his/her) prior testimony for the purpose of insuring that (his/her) trial testimony will be consistent with it, you may view such witness' testimony upon the trial with distrust.

RELATED SHELLOW MATERIALS:

RELATED NCJIC MATERIALS:

SAMPLE INSTRUCTION:

    While it is perfectly proper for a witness to refresh (his/her) recollection by reading (his/her) prior grand jury testimony, it is not proper for the witness to read such testimony for the purpose of conforming (his/her) trial testimony to the prior testimony that (he/she) has given or to the prior testimony of other witnesses.

RELATED SHELLOW MATERIALS:

RELATED NCJIC MATERIALS:

SAMPLE INSTRUCTION:

    While it is perfectly proper for any witness to read (his/her) prior testimony, including testimony given before a grand jury, for the purpose of refreshing (his/her) recollection as to the facts to which (he/she) previously testified, it is not proper for a witness to read such testimony for the purpose of ensuring that (his/her) testimony upon a trial will be consistent with that prior testimony. A witness who reads (his/her) prior testimony for the purpose of ensuring that it will not be used for the purpose of impeaching (him/her) is a witness whose credibility may be questioned by the jury and whose testimony should be received with caution.

RELATED SHELLOW MATERIALS:

RELATED NCJIC MATERIALS:

SAMPLE INSTRUCTION:

    It is perfectly proper for the government to prepare witnesses by reviewing with them previous testimony they have given and previous interviews and interrogations in which they have participated. It is also perfectly proper for the government to prepare such witnesses by showing them documents with which they have had previous knowledge. However, in determining the credibility of witnesses, you may consider whether they reviewed their testimony for the purpose merely of ensuring that their testimony upon trial would be consistent with their prior testimony and you may also consider whether the government selectively showed them documents rather than showing them all of the documents in its possession related to a particular transaction.

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RELATED NCJIC MATERIALS:

SAMPLE INSTRUCTION:

    While it is perfectly proper for prosecutors and government agents to attempt to refresh the recollection of witnesses by showing them their previous grand jury testimony or reports of previous statements they have given to government agents, it is not proper for government agents to place words in the mouth of its witnesses and attempt to conform the testimony of these witnesses to the wishes of the government. If there has been evidence that government agents attempted to place words in the mouth of one of these witnesses, it is evidence of the weakness of the government's case.

RELATED SHELLOW MATERIALS:

RELATED NCJIC MATERIALS:

SAMPLE INSTRUCTION:

RELATED SHELLOW MATERIALS:

RELATED NCJIC MATERIALS: