Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 794-2

Filed 03/28/2006

Page 1 of 6

DEFENDANT'S INSTRUCTION NO. 1

You, as jurors, are the sole and exclusive judges of the credibility of each of the witnesses called to testify in this case and only you determine the importance of the weight that their testimony deserves. After making your assessment concerning the credibility of a witness, you may decide to believe all of that witness' testimony, only a portion of it, or none of it. In making your assessment of that witness you should carefully scrutinize all of the testimony given by that witness, the circumstances under which each witness has testified, and all of the other evidence which tends to show whether a witness, in your opinion, is worth of belief. Consider each witness's intelligence, motive to falsify, state of mind, and appearance and manner while on the witness stand. Consider the witness's ability to observe the matters as to which he or she has testified and consider whether he or she impresses you as having an accurate memory or recollection of these matters. Consider also any relation a witness may bear to either side of the case, the manner in which each witness might be affected by your verdict, and the extent to which, if at all each witness is either supported or contradicted by other evidence in the case. Inconsistencies or discrepancies in the testimony of a witness or between the testimony of different witnesses may or may not cause you to disbelieve or discredit such testimony. Two or more persons witnessing an incident or a transaction may simply see or hear it differently. Innocent misrecollection, like failure of recollection, is not an uncommon human experience. In weighing the effect of a discrepancy, however, always consider whether it pertains to a matter of importance or an insignificant detail and consider whether the discrepancy results from innocent error or from intentional falsehood.

Case 1:04-cr-00187-LTB

Document 794-2

Filed 03/28/2006

Page 2 of 6

After making your own judgment or assessment concerning the believability of a witness, you can then attach such importance or weight to that testimony, if any, that you feel it deserves. You will then be in a position to decide whether the government has proven the charges beyond a reasonable doubt. The testimony of a defendant should be judged in the same manner as the testimony of any other witnesses.

1A Fed. Jury Prac. & Instr. §15.01 (5th Ed.).

Case 1:04-cr-00187-LTB

Document 794-2

Filed 03/28/2006

Page 3 of 6

DEFENDANT'S INSTRUCTION NO. 2

The testimony of an alleged accomplice, someone who said he participated in the commission of a crime, must be examined and weighed by the jury with greater care than the testimony of a witness who did not participate in the commission of that crime. Any co-defendant may be considered to be an alleged accomplice in this case. The fact that an alleged accomplice has entered a please of guilty to the offense charged is not evidence of the guilt of any other person including the defendant. The jury must determine whether the testimony of the accomplice has been affected by self-interest, or by an agreement he may have with the government, or by his own interest in the outcome of this case, or by prejudice against the defendant.

1A Fed. Jury Prac. & Instr. §15.04 (5th Ed.).

Case 1:04-cr-00187-LTB

Document 794-2

Filed 03/28/2006

Page 4 of 6

DEFENDANT'S INSTRUCTION NO. 3

You have heard testimony from any co-defendant who stated that they participated in the crime charged against the defendant. Their testimony was received in evidence and may be considered by you. You may give their testimony such weight as you think it deserves. Whether or not their testimony may have been influenced by their desire to please the Government or to strike a good bargain with the Government about their own situation is for you to determine.

Pattern Crim. Jury Instr. 6th Cir. §708 (2005).

Case 1:04-cr-00187-LTB

Document 794-2

Filed 03/28/2006

Page 5 of 6

DEFENDANT'S INSTRUCTION NO. 4

The guilt of defendant cannot be established by his mere presence at the scene of the crime.

Valdez v. Bravo, 373 F.3d 1093, 1097 (10th Cir. 2004); United States v. Delgado-Uribe, 363 F.3d 1077, 1084 (10th Cir. 2004).

Case 1:04-cr-00187-LTB

Document 794-2

Filed 03/28/2006

Page 6 of 6

DEFENDANT'S INSTRUCTION NO. 5

A person does not become a participant in a crime merely by associating with others known to be involved in the crime.

United States v. Ivy, 83 F.3d 1266, 1285 (10th Cir. 1996); United States v. Jones, 44 F.3d 860, 865-66 (10th Cir. 1995); United States v. Riggins, 15 F.3d 992, 994 (10th Cir. 1994).