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US-CA3 · jury_instructions

3d Cir. Model Jury Instr. (Criminal) 2.28

Prior Statement of a Defendant - Multi-Defendant Trial

activein force · 2026-08-19 – presentas-observed

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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