US-CA3 · jury_instructions
3d Cir. Model Jury Instr. (Criminal) 2.28
Prior Statement of a Defendant - Multi-Defendant Trial
The government has introduced evidence that the defendant (name of
defendant) made a statement to (name of person who took statement). I caution
you that you may consider (name of defendant)’s statement only in resolving
the case against (name of defendant). You must not consider or discuss this
evidence in any way with respect to (name of co-defendant, if there is only
one)(any of the other defendants on trial).
[You must decide whether (name of defendant) did in fact make the
statement. If you find that (name of defendant) did make the statement, then you
must decide what weight, if any, you feel the statement deserves. In making this
decision, you should consider all matters in evidence having to do with the
statement, including those concerning (name of defendant)(himself)(herself) and
the circumstances under which the statement was made.]
[If, after considering the evidence, you determine that a statement, was
made voluntarily, you may give it such weight as you feel it deserves under the
circumstances. On the other hand, if you determine that the statement was not
made voluntarily, you must disregard it. In determining whether any alleged
statement was made voluntarily, you should consider (name of defendant)’s age,
training, education, occupation, and physical and mental condition, and (his)(her)
treatment while in custody or under interrogation as shown by the evidence in the
case. Also consider all other circumstances in evidence surrounding the making of
the alleged statement.]
Provenance
- Source
- ca3.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
754d6b77327be7f9e19c3fb177962c19bde5fe96736f07d62f4d97af10bc7bb5
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