10th Cir. Crim. Pattern Jury Instr. 1.25

DEFENDANT

(Single Defendants)

Evidence has been presented about a statement attributed to

the defendant alleged to have been made after the commission of

the crime (or crimes) charged in this case but not made in court.

Such evidence should always be considered by you with caution

and weighed with care. You should give any such statement the

weight you think it deserves, after considering all the

circumstances under which the statement was made.

In determining whether any such statement is reliable and

credible, consider factors bearing on the voluntariness of the

statement. For example, consider the age, gender, training,

education, occupation, and physical and mental condition of the

defendant, and any evidence concerning his treatment while

under interrogation if the statement was made in response to

questioning by government officials, and all the other

circumstances in evidence surrounding the making of the

statement.

After considering all this evidence, you may give such weight

to the statement as you feel it deserves under all the

circumstances. If you determine that the statement is unreliable

or not credible, you may disregard the statement entirely.