2.27 Prior Statement of Defendant - Single Defendant on Trial The government has introduced evidence that the defendant (name of made a statement to You must defendant) (name of person who took statement). decide whether did in fact make the statement. If you find (name of defendant) that did make the statement, then you must decide what (name of defendant) weight, if any, you feel the statement deserves. In making this decision, you should consider all matters in evidence having to do with the statement, including those concerning and the (name of defendant)(himself)(herself) circumstances under which the statement was made. [If, after considering the evidence, you determine that a statement, was made voluntarily, you may give it such weight as you feel it deserves under the circumstances. On the other hand, if you determine that the statement was not made voluntarily, you must disregard it. In determining whether any alleged statement was made voluntarily, you should consider (name of age, defendant)’s training, education, occupation, and physical and mental condition, and (his)(her) treatment while in custody or under interrogation as shown by the evidence in the case. Also consider all other circumstances in evidence surrounding the making of the alleged statement.] Comment This instruction was derived from Seventh Circuit § 3.02 and 1A et al., O’Malley supra, § 14.03.
2.27 Prior Statement of Defendant - Single Defendant on Trial The government has introduced evidence that the defendant (name of defendant) made a statement to (name of person who took statement). You must decide whether (name of defendant) did in fact make the statement. If you find that (name of defendant) did make the statement, then you must decide what weight, if any, you feel the statement deserves. In making this decision, you should consider all matters in evidence having to do with the statement, including those concerning (name of defendant)(himself)(herself) and the circumstances under which the statement was made. [If, after considering the evidence, you determine that a statement, was made voluntarily, you may give it such weight as you feel it deserves under the circumstances. On the other hand, if you determine that the statement was not made voluntarily, you must disregard it. In determining whether any alleged statement was made voluntarily, you should consider (name of defendant)’s age, training, education, occupation, and physical and mental condition, and (his)(her) treatment while in custody or under interrogation as shown by the evidence in the case. Also consider all other circumstances in evidence surrounding the making of the alleged statement.] Comment This instruction was derived from Seventh Circuit § 3.02 and 1A O’Malley et al., supra, § 14.03.
2014%20Chapter%202%20final.docx