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Pattern Criminal Federal Jury Instructions for the Seventh Circuit

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Pattern Criminal Federal Jury Instructions for the Seventh Circuit The Committee on Federal Criminal Jury Instructions for the Seventh Circuit drafted these proposed pattern jury instructions. The Seventh Circuit Judicial Council, on November 30, 1998, approved these instructions in principle and authorized their publication for use in the Seventh Circuit. The Judicial Council wishes to express its gratitude to the judges and lawyers who have worked so long and hard to make a contribution to our system of criminal justice. TABLE OF CONTENTS INTRODUCTORY INSTRUCTIONS ............................................1 1.01 THE FUNCTIONS OF THE COURT AND THE JURY ........................2 1.02 THE EVIDENCE ..................................................3 1.03 TESTIMONY OF WITNESSES (DECIDING WHAT TO BELIEVE) ......4 1.04 WEIGHING THE EVIDENCE-INFERENCES .........................5 1.05 DEFINITION OF “DIRECT” AND “CIRCUMSTANTIAL” EVIDENCE ...6 1.06 WHAT IS NOT EVIDENCE .........................................7 1.07 ATTORNEY INTERVIEWING WITNESS ............................8 1.08 PARTY OTHER THAN AN INDIVIDUAL ............................9 1.09 NUMBER OF WITNESSES ........................................10 1.10 REMINDER OF VOIR DIRE OBLIGATIONS ........................11 2.01 THE CHARGE - THE INDICTMENT .....................................12 2.02 LESSER INCLUDED OFFENSE ....................................13 2.03 PRESUMPTION OF INNOCENCE - BURDEN OF PROOF .............15 2.04 DEFINITION OF REASONABLE DOUBT ...........................16 2.05 DEFINITION OF CRIME CHARGED ...............................17 2.06 DEFINITION OF FELONY OR MISDEMEANOR .....................18 2.07 BILL OF PARTICULARS ..........................................19 3.01 FAILURE OF DEFENDANT TO TESTIFY .................................20 3.02 DEFENDANT’S POST-ARREST STATEMENT .......................21 3.03 SILENCE IN THE FACE OF ACCUSATION .........................23 3.04 PROOF OF OTHER CRIMES OR ACTS .............................24 3.05 IMPEACHMENT OF DEFENDANT - CONVICTIONS .................25 3.06 CHARACTER AND REPUTATION OF DEFENDANT .................26 3.07 WEIGHING EXPERT TESTIMONY ................................27 3.08 CIRCUMSTANCES OF IDENTIFICATION ..........................28 3.09 PRIOR INCONSISTENT STATEMENTS - WITNESSES ...............29 3.10 PRIOR INCONSISTENT STATEMENTS - DEFENDANTS .............30 3.11 IMPEACHMENT OF WITNESS - CONVICTIONS ....................31 3.12 CHARACTER OF A WITNESS .....................................32 3.13 WITNESSES REQUIRING SPECIAL CAUTION ......................33 3.14 POSSESSION OF STOLEN PROPERTY--INFERENCE ................35 3.15 SUMMARIES--STIPULATED ......................................36 3.16 SUMMARIES - NOT STIPULATED .................................37 3.17 RECORDINGS / TRANSCRIPTS OF RECORDINGS ..................38 3.18 FOREIGN LANGUAGE RECORDINGS / TRANSCRIPTS IN ENGLISH . 39 3.19 MOTIVE ........................................................40 3.20 FLIGHT .........................................................41 3.21 DYING DECLARATIONS .........................................42 3.22 FALSE EXCULPATORY STATEMENTS ............................43 3.23 CHILD WITNESS ................................................44 3.24 MISSING WITNESS ..............................................45 4.01 ELEMENTS OF OFFENSE - SINGLE OFFENSE CASES .....................47 4.02 ISSUES IN THE CASE AND BURDEN OF PROOF IN CASE INVOLVING DEFENSE OF INSANITY ........................................48 4.03 UNANIMITY ON SPECIFIC ACTS .................................49 4.04 DATE OF CRIME CHARGED ......................................50 4.05 SEPARATE CONSIDERATION FOR EACH DEFENDANT ............51 4.06 “KNOWINGLY” - DEFINITION ....................................52 4.07 ATTEMPT .......................................................54 4.08 SPECIFIC INTENT -- GENERAL INTENT ...........................55 4.09 DEFINITION OF WILLFULLY ....................................58 5.01 RESPONSIBILITY ......................................................61 5.02 PERSONAL RESPONSIBILITY OF CORPORATE AGENT ............62 5.03 ENTITY RESPONSIBILITY -- ENTITY DEFENDANT--AGENCY (a) ....63 5.04 ENTITY RESPONSIBILITY-- ENTITY DEFENDANT--AGENCY (b) ....65 5.05 JOINT VENTURE ................................................66 5.06 ACTING THROUGH ANOTHER / AIDING AND ABETTING ..........67 5.07 ACCESSORY AFTER THE FACT ..................................69 5.08 CONSPIRACY ...................................................70 5.09 CONSPIRATOR’S LIABILITY FOR SUBSTANTIVE CRIMES COMMITTED BY CO-CONSPIRATORS; CONSPIRACY CHARGED- ELEMENTS ....................................................73 5.10 CONSPIRATOR'S LIABILITY FOR SUBSTANTIVE CRIMES COMMITTED BY CO-CONSPIRATORS; CONSPIRACY NOT CHARGED IN THE INDICTMENT--ELEMENTS ...................74 5.11 MERE PRESENCE / ASSOCIATION / ACTIVITY ....................75 5.12 CONSPIRACY--WITHDRAWAL ...................................77 5.13 CONSPIRACY - WITHDRAWAL - STATUTE OF LIMITATIONS ......78 6.01 SELF DEFENSE ........................................................80 6.02 INSANITY .......................................................81 6.03 ALIBI ...........................................................82 6.04 ENTRAPMENT - ELEMENTS ......................................84 6.05 ENTRAPMENT - FACTORS .......................................85 6.06 ENTRAPMENT - OPTIONAL ADDITIONS ..........................86 6.07 RELIANCE ON PUBLIC AUTHORITY ..............................87 6.08 COERCION ......................................................88 6.09 INTOXICATION .................................................90 6.10 GOOD FAITH ....................................................91 6.11 GOOD FAITH - INCOME TAX CASES .............................92 6.12 BUYER-SELLER RELATIONSHIP .................................93 7.01 SELECTION OF FOREPERSON -- GENERAL VERDICT ....................94 7.02 SELECTION OF FOREPERSON -- GENERAL VERDICT AS TO OFFENSE CHARGED -- GENERAL VERDICT AS TO LESSER INCLUDED OFFENSE...........................................95 7.03 SEPARATE CONSIDERATION OF CHARGES - SINGLE DEFENDANT - MULTIPLE COUNTS............................................96 7.04 SEPARATE CONSIDERATION OF CHARGES - MULTIPLE DEFENDANTS - MULTIPLE COUNTS ...........................................97 7.05 COMMUNICATION WITH COURT ................................98 7.06 DISAGREEMENT AMONG JURORS ..............................100 7.07 RETURN OF JURY AFTER POLLING .............................102 18 U.S.C...................................................................104 21 U.S.C...................................................................319 26 U.S.C...................................................................339 31 U.S.C...................................................................364 INTRODUCTORY INSTRUCTIONS Many instructions require the giving of additional or accompanying instructions. The Committee has tried to make explicit cross-references wherever possible, but gives no warranty that it has done so exhaustively. In some circumstances, instructions other than or in addition to those referenced may be appropriate. These instructions were drafted based on the most common factual and legal scenarios. The Committee anticipates that changes in the language of the instructions may be appropriate in particular cases. The Committee has drafted a separate instruction for use where the charge includes aiding and abetting or acting through another rather than including those possibilities in each statutory instruction. Phrases and sentences which appear in brackets ([ ]) are alternatives or additions to instructions which are to be used when relevant to the particular case on trial. 1 1.01 THE FUNCTIONS OF THE COURT AND THE JURY Members of the jury, you have seen and heard all the evidence and the arguments of the attorneys. Now I will instruct you on the law. You have two duties as a jury. Your first duty is to decide the facts from the evidence in the case. This is your job, and yours alone. Your second duty is to apply the law that I give you to the facts. You must follow these instructions, even if you disagree with them. Each of the instructions is important, and you must follow all of them. Perform these duties fairly and impartially. Do not allow sympathy, prejudice, fear, or public opinion to influence you. [You should not be influenced by any person's race, color, religion, national ancestry, or sex.] Nothing I say now, and nothing I said or did during the trial, is meant to indicate any opinion on my part about what the facts are or about what your verdict should be. 2 1.02 THE EVIDENCE The evidence consists of the testimony of the witnesses, the exhibits admitted in evidence, and stipulations. A stipulation is an agreement between both sides that [certain facts are true] [that a person would have given certain testimony]. [I have taken judicial notice of certain facts that may be regarded as matters of common knowledge. You may accept those facts as proved, but you are not required to do so.] Committee Comment Rule 201 of the Federal Rules of Evidence governs judicial notice of adjudicative facts. Judicial notice may be taken at any stage of the proceedings, but generally only after the parties have been afforded an opportunity to be heard on the matter. Rule 201(g) requires the court in criminal cases to “instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.”
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