3d Cir. Model Jury Instr. (Criminal) 3.02

You must make your decision in this case based only on the evidence that you

saw and heard in the courtroom. Do not let rumors, suspicions, or anything else

that you may have seen or heard outside of court influence your decision in any way.

The evidence from which you are to find the facts consists of the following:

(1) The testimony of the witnesses;

(2) Documents and other things received as exhibits; and

(3) Any fact or testimony that was stipulated; that is, formally agreed to by

the parties.

((4) Any facts that have been judicially noticed--that is, facts which I say you may

accept as true even without other evidence.)

The following are not evidence:

(1) The indictment;

(2) Statements and arguments of the lawyers for the parties in this case;

(3) Questions by the lawyers and questions that I might have asked;

(4) Objections by lawyers, including objections in which the lawyers stated

facts;

(5) Any testimony I struck or told you to disregard; and

(6) Anything you may have seen or heard about this case outside the

courtroom.

You should use your common sense in weighing the evidence. Consider it in

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light of your everyday experience with people and events, and give it whatever

weight you believe it deserves. If your experience and common sense tells you that

certain evidence reasonably leads to a conclusion, you may reach that conclusion.

As I told you in my preliminary instructions, the rules of evidence control

what can be received into evidence. During the trial the lawyers objected when they

thought that evidence was offered that was not permitted by the rules of evidence.

These objections simply meant that the lawyers were asking me to decide whether

the evidence should be allowed under the rules.

You should not be influenced by the fact that an objection was made. You

should also not be influenced by my rulings on objections or any sidebar

conferences you may have overheard. When I overruled an objection, the question

was answered or the exhibit was received as evidence, and you should treat that

testimony or exhibit like any other. When I allowed evidence (testimony or exhibits)

for a limited purpose only, I instructed you to consider that evidence only for that

limited purpose and you must do that.

When I sustained an objection, the question was not answered or the exhibit

was not received as evidence. You must disregard the question or the exhibit

entirely. Do not think about or guess what the witness might have said in answer to

the question; do not think about or guess what the exhibit might have shown.

Sometimes a witness may have already answered before a lawyer objected or before

I ruled on the objection. If that happened and if I sustained the objection, you must

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disregard the answer that was given.

Also, if I ordered that some testimony or other evidence be stricken or

removed from the record, you must disregard that evidence. When you are

deciding this case, you must not consider or be influenced in any way by the

testimony or other evidence that I told you to disregard.

Although the lawyers may have called your attention to certain facts or

factual conclusions that they thought were important, what the lawyers said is not

evidence and is not binding on you. It is your own recollection and interpretation of

the evidence that controls your decision in this case. Also, do not assume from

anything I may have done or said during the trial that I have any opinion about any

of the issues in this case or about what your verdict should be.