534 F.2d 1253, 125960 (8th Cir. 1976) (holding with United States v. Bear Killer, instruction improperly singled out defendant and was therefore error). In a decision, 2010 WL 1220960 (3d Cir. 2010), the Third United States v. Jones, Circuit rejected a challenge to such an instruction but noted that an instruction singling out the interest is In the defendant argued Jones, defendant’s “not advisable.” unsuccessfully that the trial court had singled out testimony as “unfairly [the defendant’s] potentially when the court instructed the jury as follows: biased” [t]he defendant, Chesney Jones, has taken the witness stand. You should examine and evaluate her testimony just as you would the testimony of any witness. It is for you to decide to what extent, if at all, interest Ms. Jones’s in the result of her prosecution may have affected or colored her testimony. The trial court had also given a general charge on witness credibility which called attention to the interest of both the parties in the case, The Third Circuit characterized the separate instruction concerning the testimony as unnecessary and inadvisable, defendant’s but held it was not reversible error, citing The court also noted that other Courts Reagan. of Appeals have expressed concern about similar instructions but have not held them to constitute reversible error. 2012 WL 213 0032 (3d Cir. See also United States v. King, 2012) (non-precedential) (criticizing as and and declining to “inadvisable unnecessary” endorse instruction that addressed self-interest). In the court King, defendant’s recommended giving the Model Instruction. (Revised 10/2012) 4.29 Defendant's Prior Bad Acts or Crimes (F.R.E. 404(b)) You have heard testimony that the defendant (summarize the other act evidence). This evidence of other act(s) was admitted only for limited (a) purpose(s). You may consider this evidence only for the purpose of deciding whether the defendant (describe the precise purpose or purposes for which the other act evidence was admitted: for example (Pick those of the following, or other reasons, that apply)),
with United States v. Bear Killer, 534 F.2d 1253, 125960 (8th Cir. 1976) (holding instruction improperly singled out defendant and was therefore error). In a decision, United States v. Jones, 2010 WL 1220960 (3d Cir. 2010), the Third Circuit rejected a challenge to such an instruction but noted that an instruction singling out the defendant’s interest is “not advisable.” In Jones, the defendant argued unsuccessfully that the trial court had “unfairly singled out [the defendant’s] testimony as potentially biased” when the court instructed the jury as follows: [t]he defendant, Chesney Jones, has taken the witness stand. You should examine and evaluate her testimony just as you would the testimony of any witness. It is for you to decide to what extent, if at all, Ms. Jones’s interest in the result of her prosecution may have affected or colored her testimony. The trial court had also given a general charge on witness credibility which called attention to the interest of both the parties in the case, The Third Circuit characterized the separate instruction concerning the defendant’s testimony as unnecessary and inadvisable, but held it was not reversible error, citing Reagan. The court also noted that other Courts of Appeals have expressed concern about similar instructions but have not held them to constitute reversible error. See also United States v. King, 2012 WL 213 0032 (3d Cir. 2012) (non-precedential) (criticizing as “inadvisable and unnecessary” and declining to endorse instruction that addressed defendant’s self-interest). In King, the court recommended giving the Model Instruction. (Revised 10/2012) 4.29 Defendant's Prior Bad Acts or Crimes (F.R.E. 404(b)) You have heard testimony that the defendant (summarize the other act evidence). This evidence of other act(s) was admitted only for (a) limited purpose(s). You may consider this evidence only for the purpose of deciding whether the defendant (describe the precise purpose or purposes for which the other act evidence was admitted: for example (Pick those of the following, or other reasons, that apply)),
2014%20Chapter%204%20final.docx