THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
Witnesses With Prior Convictions
1.
Witness With Felony Prior: Credibility
2. Witness Priors:
Limiting Instruction
3. Witness Prior Felony
Conviction: Cannot Be Considered Evidence Against Defendant
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Witness With Felony Prior: Credibility
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
In weighing the credibility of a witness, you may consider whether that witness has been previously convicted of a felony.
SAMPLE INSTRUCTION # 2:
The conviction of a witness for one or more felonies goes to (his/her) credibility. A witness who has been previously convicted of one or more felonies may not be as credible as a witness who has never been convicted of a crime.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Impeachment – Impeachment With Past Convictions.
RELATED NCJIC MATERIALS:
See NCJIC 27.4 [Impeachment Of Witness (Nondefendant) By Prior Conviction: Limiting Instruction].
See NCJIC 305.23.5 [Witness Prior Conviction].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Witness Priors: Limiting Instruction
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Evidence has been received to the effect that some of the witnesses in this trial have heretofore been convicted of crimes. This evidence was received solely because it bears upon the credibility of a witness' testimony. The fact of conviction is one that you may take into consideration in weighing their testimony and determining their credibility. A conviction may not be used by you for any other purpose.
AUTHORITY:
WIS JI - CRIMINAL 325 (with slight modification).
SAMPLE INSTRUCTION # 2:
Evidence that a witness has been convicted of a crime is to be considered by you only insofar as it may effect a witness' credibility.
AUTHORITY:
Federal Criminal Jury Instructions of the Seventh Circuit 3.11 [Impeachment of Witness--Convictions] [formerly §3.17 (1980)].
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Jackson, No. 89-CR-62 (E.D. Wis. 1990); United States v. Zapata, No. 87-CR-84 (E.D. Wis. 1987).
SAMPLE INSTRUCTION # 3:
You have heard evidence that some of the witnesses who testified have been convicted of crimes themselves. A prior criminal conviction might indicate a person less worthy of belief, but that is for you alone to decide. You may consider the fact of the conviction, the crime for which the witness was convicted, and the relative recency of that conviction, but you may consider these facts only for the effect they may have on your decision whether to believe that witness.
AUTHORITIES:
FRE 609(a); Campbell v. Greer, 831 F.2d 700, 707 (7th Cir. 1987).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Impeachment – Impeachment With Past Convictions.
RELATED NCJIC MATERIALS:
See NCJIC 27.4 [Impeachment Of Witness (Nondefendant) By Prior Conviction: Limiting Instruction].
See NCJIC 305.23.5 [Witness Prior Conviction].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Witness Prior Felony Conviction: Cannot Be Considered Evidence Against Defendant
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In weighing the credibility of a witness, you may consider whether that witness has been previously convicted of a felony. The conviction of a witness for a felony goes only to the credibility of that witness and cannot be considered by the jury as evidence against the defendant.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Napue, No. 84-CR-155 (N.D. Ill. 1985).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Witness Credibility: Generally & Miscellaneous.
See also THE SHELLOW COLLECTION: Impeachment – Impeachment With Past Convictions.
RELATED NCJIC MATERIALS:
See NCJIC 27.4 [Impeachment Of Witness (Nondefendant) By Prior Conviction: Limiting Instruction].
See NCJIC 305.23.5 [Witness Prior Conviction].