3d Cir. Model Jury Instr. (Criminal) 4.14

During the trial you heard testimony of witnesses and argument by

counsel that the government did not use specific investigative techniques such

as (mention omitted techniques that have been addressed in testimony or

argument; e.g., fingerprint analysis, DNA analysis, the use of recording devices).

You may consider these facts in deciding whether the government has met its

burden of proof, because as I told you, you should look to all of the evidence

or lack of evidence in deciding whether the defendant is guilty. However,

there is no legal requirement that the government use any of these specific

investigative techniques or all possible techniques to prove its case. There is

no requirement to (mention omitted techniques; e.g., attempt to take fingerprints

or offer fingerprint evidence, gather DNA evidence or offer DNA analysis, or use

recording devices or offer recordings in evidence).

Your concern, as I have said, is to determine whether or not the

evidence admitted in this trial proves the defendant's guilt beyond a

reasonable doubt.