Transcription of PATTERN JURY INSTRUCTIONS (Criminal Cases)
1 1 PATTERN JURY INSTRUCTIONS (Criminal Cases) Prepared by the Committee on PATTERN Jury INSTRUCTIONS District Judges Association Fifth Circuit 2019 Edition 2 Blank Page 0 Introduction The 2019 edition of the PATTERN Jury INSTRUCTIONS (Criminal) continues a project initiated by the Fifth Circuit District Judges Association in 1978. It reflects a collaborative effort of judges appointed successively by the Association to provide jury INSTRUCTIONS accurately reflective of the criminal law and useable by our judges and practitioners in the trial of criminal cases before juries in this circuit. Since the 2015 edition, there has been a change in the type of cases being heard by the trial judges in this Circuit. Accordingly, the Committee has added over 26 new INSTRUCTIONS ranging from Marriage Fraud to Stalking/Cyber Stalking to Providing Material Support and Resources to a Terrorist to Interference with Flight Crew Members and Attendants.
2 The Note sections have been amended in many of the proposed INSTRUCTIONS to reflect cases that have been decided since publication of the 2015 edition. Our research is current through June 29, 2019. In preparing an instruction, the Committee begins where you begin, that is, with an examination of the statute and United States Supreme Court opinions, and opinions from the Fifth Circuit, interpreting the statute. Committee members submit proposed INSTRUCTIONS , then the editorial subcommittee meets to review any proposed changes. While these PATTERN charges do not presume to be a legal treatise, the Committee has attempted to make accurate statements of the law. These PATTERN charges should be used for what they are an aid to guide you instructing the jury on each individual case.
3 Notes are added to identify issues, offer explanations, or provide legal authority. Please note that some of the Instruction numbers have been changed since the last edition. The Committee was able to re-enlist the excellent services of Professor Susan R. Klein. We thank Dean Ward Farnsworth from the University of Texas School of Law for sharing her and her assistant, Nicholas Charlesworth. We acknowledge the special efforts of many of our clerks and office staff whose work has been significant. Our predecessors work is the foundation of our efforts. They deserve our continued thanks. Xavier Rodriguez Chair District Judge, Texas Professor Susan R. Klein Reporter Univ. of Texas Law School Jane Boyle District Judge, Texas Marina Garcia Marmolejo District Judge, Texas Henry J. Bemporad Magistrate Judge, Texas Frank Montalvo District Judge, Texas Marcia A.
4 Crone District Judge, Texas Susie Morgan District Judge, La. 1 David Godbey District Judge, Texas Alia Moses District Judge, Texas Andrew S. Hanen District Judge, Texas Fernando Rodriguez District Judge, Texas Michael Herman Supv. Asst. Public Defender, Texas Greg Surovic Asst. Attorney, Texas 2 PATTERN Jury Charge: 2015 to 2019 Conversion Chart I. General and preliminary INSTRUCTIONS 2015 Version 2019 Version preliminary INSTRUCTIONS preliminary INSTRUCTIONS Notetaking by Jurors Note Taking by Jurors (Optional Addition to preliminary Instruction) Introduction to Final INSTRUCTIONS Introduction to Final INSTRUCTIONS Duty to Follow INSTRUCTIONS Duty to Follow INSTRUCTIONS Presumption of Innocence, Burden of Proof, Reasonable Doubt Presumption of Innocence, Burden of Proof, Reasonable Doubt Evidence Excluding What is Not Evidence Evidence Excluding What is Not Evidence --- Special Maritime and Territorial Jurisdiction of the United States Defined Evidence Inferences Direct and Circumstantial Evidence Inferences Direct and Circumstantial Credibility of Witnesses Credibility of Witnesses Character Evidence Character Evidence Impeachment by Prior Inconsistencies Impeachment by Prior Inconsistencies Impeachment by Prior Conviction (Defendant s Testimony)
5 Impeachment by Prior Conviction (Defendant s Testimony) Impeachment by Prior Conviction (Witness Other Than Defendant) Impeachment by Prior Conviction (Witness Other Than Defendant) Impeachment by Evidence of Untruthful Character Impeachment by Evidence of Untruthful Character 3 2015 Version 2019 Version Accomplice Informer Immunity Accomplice Informer Immunity Accomplice Co-Defendant Plea Agreement Accomplice Co-Defendant Plea Agreement Witness s Use of Addictive Drugs Witness s Use of Addictive Drugs Expert Opinion Testimony Expert Opinion of Testimony On or About On or About Venue Conspiracy Venue Conspiracy Caution Consider Only Crime Charged Caution Consider Only Crime Charged Caution Punishment Caution Punishment Single Defendant Multiple Counts Single Defendant Multiple Counts Multiple Defendants Single Count Multiple Defendants Single Count Multiple Defendants Multiple Counts Multiple
6 Defendants Multiple Counts Duty to Deliberate Duty to Deliberate Unanimity of Theory Unanimity of Theory Confession Statement Voluntariness (Single Defendant) Confession Statement Voluntariness (Single Defendant) Confession Statement Voluntariness (Multiple Defendants) Confession Statement Voluntariness (Multiple Defendants) Entrapment Entrapment Identification Testimony Identification Testimony Similar Acts Similar Acts Possession Possession Attempt Attempt 4 2015 Version 2019 Version Lesser Included Offense Lesser Included Offense Insanity Insanity Alibi Alibi Justification, Duress, or Coercion Justification, Duress, or Coercion Self-Defense Defense of Third Person Self-Defense Defense of Third Person --- Materiality Knowingly To Act Knowingly To Act Deliberate Ignorance Deliberate Ignorance Willfully To Act Willfully To Act Interstate Commerce Interstate Commerce Defined Foreign Commerce Defined Foreign Commerce Defined Commerce Defined Commerce Defined --- Affecting Commerce Defined Cautionary Instruction During Trial Transcript of Tape-Recorded Conversation Cautionary Instruction During Trial Transcript of Tape-Recorded Conversation Transcript of Foreign Language Tape Recorded Conversation Transcript of Foreign Language Tape Recorded Conversation Summaries and Charts not Received in Evidence Summaries and Charts Not Received in
7 Evidence Summaries and Charts Received in Evidence Summaries and Charts Received in Evidence Pursuant to Federal Rule of Evidence 1006 --- Summary Witness Testimony and Charts Based on Other Evidence Modified Allen Charge Modified Allen Charge 5 II. Substantive Offense INSTRUCTIONS 2015 Version 2019 Version 8 1324(a)(1)(A)(i) Bringing Aliens into the United States Bringing Aliens to the United States 8 1324(a)(1)(A)(i) 8 1324(a)(1)(A)(ii) Transporting Aliens into or Within the United States Transporting Aliens Within the United States 8 1324(a)(1)(A)(ii) 8 1324(a)(1)(A)(iii) Concealing or Harboring Aliens Concealing or Harboring Aliens 8 1324(a)(1)(A)(iii) 8 1325(a)(1) Illegal Entry Illegal Entry 8 1325(a)(1) 8 1325(a)(2) Eluding Examination or Inspection Eluding Examination or Inspection 8 1325(a)(2) 8 1325(a)(3) Illegal Entry by False or Misleading Representation Illegal Entry by False or Misleading Representation 8 1325(a)(3) --- Marriage Fraud 8 1325(c)
8 8 1326(a) Illegal Reentry Following Deportation Illegal Reentry Following Deportation 8 1326(a) 18 2 Aiding and Abetting (Agency) Aiding and Abetting (Agency) 18 2 18 3 Accessory After the Fact Accessory After the Fact 18 3 18 4 Misprision of a Felony Misprision of a Felony 18 4 18 111 Assaulting a Federal Officer Forcibly Assaulting a Federal Officer 18 111(a)(1) and (b) 6 2015 Version 2019 Version 18 152 (First Paragraph) Bankruptcy: Concealment of Assets (Bankruptcy Proceeding Pending) Bankruptcy: Concealment of Assets (Bankruptcy Proceeding Pending) 18 152 (First Paragraph) 18 152 (Fourth Paragraph) Bankruptcy: Presenting or Using a False Claim (Bankruptcy Proceeding Pending) Bankruptcy: Presenting or Using a False Claim (Bankruptcy Proceeding Pending) 18 152 (Fourth Paragraph) 18 201(b)(1) Bribing a Public Official Bribing a Public Official/Juror 18 201(b)(1) 18 201(b)(2) Receiving Bribe by a Public Official Receiving Bribe by a Public Official/Juror 18 201(b)(2) 18 201(c)(1)(A) Illegal Gratuity to a Public Official Illegal Gratuity to a Public Official 18 201(c)(1)(A) 18 201(c)(1)(B) Receiving Illegal Gratuity by a Public Official Receiving Illegal Gratuity by a Public Official 18 201(c)(1)(B) 18 215(a)(1) Bribery or Reward of a Bank Officer Bribery or Reward of a Bank Officer 18 215(a)(1)
9 18 241 Conspiracy to Deprive Person of Civil Rights Conspiracy to Deprive Person of Civil Rights 18 241 18 242 Deprivation of Civil Rights Deprivation of Civil Rights 18 242 18 286 Conspiracy to Defraud the Government with Respect to Claims Conspiracy to Defraud the Government with Respect to Claims 18 286 18 287 False Claims Against the Government False Claims Against the Government 18 287 18 371 Conspiracy to Commit Offense Conspiracy to Commit Offense 18 371 18 371 (Second Clause) Conspiracy to Defraud Conspiracy to Defraud 18 371 (Second Clause) Multiple Conspiracies Multiple Conspiracies Conspirator s Liability for Substantive Count Conspirator s Liability for Substantive Count Conspiracy Withdrawal Conspiracy Withdrawal 7 2015 Version 2019 Version 18 471 Counterfeiting Counterfeiting 18 471 18 472 Passing Counterfeit Securities or Obligations Passing Counterfeit Securities or Obligations 18 472 18 495 (First Paragraph) Forgery Against the United States Forgery Against the United States 18 495 (First Paragraph) 18 495 (Second Paragraph) Uttering a Forged Writing to Defraud the United States Uttering a Forged Writing to Defraud the United States 18 495 (Second Paragraph) 18 510(a)(1)
10 Forging Endorsement on a Treasury Check, Bond, or Security of the United States Forging Endorsement on a Treasury Check, Bond, or Security of the United States 18 510(a)(1) 18 510(a)(2) Uttering a Forged Treasury Check, Bond, or Security of the United States Uttering a Forged Treasury Check, Bond, or Security of the United States 18 510(a)(2) 18 513(a) Securities of the States and Private Entities Securities of the States and Private Entities 18 513(a) 18 513(b) Securities of the States and Private Entities Securities of the States and Private Entities 18 513(b) 18 545 Smuggling Smuggling 18 545 18 545 (Second Paragraph) Illegal Importation of Merchandise Illegal Importation of Merchandise 18 545 (Second Paragraph) 18 553(a)(1) (First Paragraph) Exportation of Stolen Vehicles Exportation of Stolen Vehicles 18 553(a)(1) (First Paragraph) 18 554 Smuggling Goods from the United States Smuggling Goods from the United States 18 554 18 641 (First Paragraph) Theft of Government Money or Property Theft of Government Money or Property 18 641 (First Paragraph) 18 656 Theft or Embezzlement by Bank Officer or Employee Theft or Embezzlement by Bank Officer or Employee 18 656 18 657 Theft from Lending, Credit, and Insurance Institutions Theft from Lending, Credit, and Insurance Institutions 18 657 8 2015 Version 2019 Version 18 659 (First Paragraph) Theft from Interstate Shipment Theft from Interstate Shipment 18 659 (First Paragraph)
