does not have the burden of proving faith.” Good faith is a (Name) “good defense because it is inconsistent with the requirement of the offense(s) charged, that acted As I have told you, it is the (name) (describe the required mental state). government's burden to prove beyond a reasonable doubt each element of the offense, including the mental state element. In deciding whether the government proved that acted or, instead, whether (name) (describe the required mental state) acted in good faith, you should consider all of the evidence presented in the (name) case that may bear on state of mind. If you find from the evidence that (name's) acted in good faith, as I have defined it, or if you find for any other reason (name) that the government has not proved beyond a reasonable doubt that acted (name) you must find not guilty of the offense of (describe the required mental state), (name) (state the offense). Comment 1A O’Malley et al, supra, § 19.06. For variations in other Circuits, First Circuit § See see 5.02; Seventh Circuit §§ 6.10 & 6.11; Eighth Circuit § 9.08; Eleventh Circuit §§ 17 & 18. When is Good Faith a Defense. faith” is a defense whenever the defendant’s “Good good faith is inconsistent with a finding that the defendant acted with the mental state required by the definition of the offense charged. Good faith exculpates when, if the jury finds the defendant acted in good faith, it would necessarily have to find that defendant did not act with the required mental state. Of course, whether good faith would disprove the mental state element depends on how that element is defined with respect to the offense charged and the trial evidence about the nature of the defendant’s honest beliefs. Because good faith relates to an element of the offense, the defendant does not have the burden of persuasion, although the defendant may have the burden of production. When a good faith defense is raised and supported by some evidence, the government has the burden of disproving good faith as part of its burden of proving the mental state element. This instruction previously included, as alternative language, did not act in “[(Name)
(Name) does not have the burden of proving “good faith.” Good faith is a defense because it is inconsistent with the requirement of the offense(s) charged, that (name) acted (describe the required mental state). As I have told you, it is the government's burden to prove beyond a reasonable doubt each element of the offense, including the mental state element. In deciding whether the government proved that (name) acted (describe the required mental state) or, instead, whether (name) acted in good faith, you should consider all of the evidence presented in the case that may bear on (name's) state of mind. If you find from the evidence that (name) acted in good faith, as I have defined it, or if you find for any other reason that the government has not proved beyond a reasonable doubt that (name) acted (describe the required mental state), you must find (name) not guilty of the offense of (state the offense). Comment See 1A O’Malley et al, supra, § 19.06. For variations in other Circuits, see First Circuit § 5.02; Seventh Circuit §§ 6.10 & 6.11; Eighth Circuit § 9.08; Eleventh Circuit §§ 17 & 18. When is Good Faith a Defense. “Good faith” is a defense whenever the defendant’s good faith is inconsistent with a finding that the defendant acted with the mental state required by the definition of the offense charged. Good faith exculpates when, if the jury finds the defendant acted in good faith, it would necessarily have to find that defendant did not act with the required mental state. Of course, whether good faith would disprove the mental state element depends on how that element is defined with respect to the offense charged and the trial evidence about the nature of the defendant’s honest beliefs. Because good faith relates to an element of the offense, the defendant does not have the burden of persuasion, although the defendant may have the burden of production. When a good faith defense is raised and supported by some evidence, the government has the burden of disproving good faith as part of its burden of proving the mental state element. This instruction previously included, as alternative language, “[(Name) did not act in
Chapter%205%20Rev%20April%202015.docx