11th Cir. Pattern Jury Instr. (Criminal) B6.6

or Felony Conviction

(Defendant with Felony Conviction Testifies)

You should also ask yourself whether there was evidence that a witness

testified falsely about an important fact. And ask whether there was evidence that

at some other time a witness said or did something, or didn’t say or do something,

that was different from the testimony the witness gave during this trial.

To decide whether you believe a witness, you may consider the fact that the

witness has been convicted of a felony or a crime involving dishonesty or a false

statement. But keep in mind that a simple mistake doesn’t mean a witness wasn’t

telling the truth as he or she remembers it. People naturally tend to forget some

things or remember them inaccurately. So, if a witness misstated something, you

must decide whether it was because of an innocent lapse in memory or an

intentional deception. The significance of the misstatement may depend on

whether the misstatement was about an important fact or about an unimportant

detail.

A defendant has a right not to testify. But since the Defendant did testify,

you should decide whether you believe the Defendant’s testimony in the same way

as that of any other witness.

[Evidence that a Defendant was previously convicted of a crime is not

evidence of guilt of the crime(s) in this trial. But you may use the evidence to

decide whether you believe the Defendant’s testimony.]