THE SHELLOW COLLECTION
 Jury Instructions By James M. Shellow of Wisconsin
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Witness Credibility: Character For Truthfulness/Untruthfulness

    1.    Truthful Character As A Factor In Weighing Witness Testimony
    2.    Character For Truthfulness: Expert Opinion
    3.    Character/Reputation For Truthfulness: Weight To Be Given Testimony
    4.    Witnesses’ Character For Untruthfulness
    5.    Impeachment By Reputation Evidence

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Truthful Character As A Factor In Weighing Witness Testimony

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

    Evidence has been introduced of the character of the witness, _____________, for truthfulness. You should consider this evidence in deciding the weight that you will give to _____________'s testimony.

AUTHORITIES:

7TH CIRCUIT FEDERAL JURY INSTRUCTIONS - CRIMINAL 3.12 [Character of a Witness] (1999).

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Evidence As To Defendant's Character For Honesty.

CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:

United States v. Mullins, No. H CR 85-21 (N.D. Ind. 1985).

RELATED NCJIC MATERIALS:

NCJIC 251.4.3.3 [Impeachment Of Witness By Evidence Of Untruthful Character Or Reputation].

NCJIC 29.2.13 [Impeachment Of Expert Witness By Evidence Of Untruthful Character Or Reputation]. 

5TH CIRCUIT PATTERN JURY INSTRUCTIONS - CRIMINAL 1.13 [Impeachment by Evidence of Untruthful Character] (2001).

8TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 4.02 [Character And Reputation, For Truthfulness, Witnesses (Including Defendant)] (2000).

9TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 4.7 [Character of Witness for Truthfulness] (2000).

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

2.    Character For Truthfulness: Expert Opinion

ALERT:  Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION:

    I have allowed expert psychiatric testimony on ________ [witness]'s character for truthfulness. You are to decide what weight to give that expert opinion, if any, just as you would the testimony of any other witness. The purpose of this expert's testimony is not to tell you specifically whether _________ [witness] was in fact truthful here on the witness stand, for that is your job alone to decide, but only to help you evaluate whether ___________ [witness] generally has a truthful character.

AUTHORITIES:

United States v. Hiss, 88 F. Supp. 559 (S.D.N.Y.), aff'd, 185 F.2d 822 (2d Cir. 1950), cert. denied, 340 U.S. 948 (1951) [approving psychiatric opinion testimony that the prosecution witness was a psychopathic personality disposed to lying, based on courtroom observations]; Hanger v. United States, 398 F.2d 91, 105-08 (8th Cir. 1968), cert. denied, 393 U.S. 1119 (1969); United States v. Azure, 801 F.2d 336, 340 (8th Cir. 1986).

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

3.    Character/Reputation For Truthfulness: Weight To Be Given Testimony

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION # 1:

    Evidence has been introduced of the character trait of the witness __________ (name of witness) for truthfulness. You should consider this evidence in deciding the weight that you will give both to __________’s (name of witness) testimony and to statements allegedly made by (him/her) as recounted by other witnesses.

SAMPLE INSTRUCTION # 2:

    Evidence has been introduced of the character traits and reputation of certain witnesses for truthfulness. You should consider this evidence in deciding the weight that you will give to their testimony.

AUTHORITY:

Federal Criminal Jury Instructions of the Seventh Circuit 3.12 [Character of a Witness] [formerly No. 3.26 [Modified to include reputation].]

SAMPLE INSTRUCTION # 3:

    In weighing the testimony of a witness you may consider his or her reputation or character for truthfulness.

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Witnesses Generally.

See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.

RELATED NCJIC MATERIALS:

See generally Chapter 27: Witness Credibility.

See NCJIC 251.4.3.3 [Impeachment Of Witness By Evidence Of Untruthful Character Or Reputation].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

4.    Witnesses’ Character For Untruthfulness

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION # 1:

    If a witness has been shown to have the character trait of lying then the jury may consider this trait in weighing his testimony.

SAMPLE INSTRUCTION # 2:

    Evidence has been introduced of the character trait of the witness, __________ (name of witness), for untruthfulness. You should consider this evidence in deciding the weight that you will give to __________’s (name of witness) testimony.

AUTHORITIES:

Federal Criminal Jury Instructions of the Seventh Circuit 3.12 [Character of a Witness] [formerly No. 3.26 [Modified].]

SAMPLE INSTRUCTION # 3:

    In weighing the credibility of a witness you may consider (his/her) character trait for truthfulness or untruthfulness.

AUTHORITIES:

FRE 608; United States v. Azure, 801 F.2d 336, 340-41 (8th Cir. 1986); Hanger v. United States, 398 F.2d 91, 105-08 (8th Cir. 1968), cert. denied, 393 U.S. 1119 (1969); 3 Weinstein's Evidence ¶608[04].

RELATED SHELLOW MATERIALS:

See also THE SHELLOW COLLECTION: Witnesses Generally.

See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.

RELATED NCJIC MATERIALS:

See generally Chapter 27: Witness Credibility.

See NCJIC 251.4.3.3 [Impeachment Of Witness By Evidence Of Untruthful Character Or Reputation].

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

5.    Impeachment By Reputation Evidence

    See THE SHELLOW COLLECTION: Impeachment – Impeachment By Reputation Evidence.