Vermont Model Criminal Jury Instructions CR28-531

The State has charged (Def)_______________ with perjury, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) made a false statement;

(3) [he] [she] did so wilfully;

(4) [he] [she] made the statement in a proceeding in a court of justice;

(5) [he] [she] made the statement when [he] [she] was lawfully required to tell the truth; and

(6) the false statement was material to the proceeding.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ made a false statement.

The third essential element is that (Def)_______________ made the false statement wilfully. This means that [he] [she] did so intentionally, and not inadvertently, because of mistake, or by accident.

The fourth essential element is that (Def)_______________ made the statement in a proceeding in a court of justice.

The fifth essential element is that (Def)_______________ made the statement when [he] [she] was lawfully required to tell the truth. That means that [he] [she] testified to the statement after [taking an oath] [making an affirmation] to tell the truth.

The last essential element is that the false statement was material to the proceeding. A false statement was material to the proceedings if it could have influenced the jury or judge in reaching a final decision. A false statement need not be material to only the primary issue in controversy; it may be material to a secondary issue if you find that the determination of that issue could have influenced the final decision.

As an additional issue to consider, you should understand that a conviction for perjury requires more than the uncorroborated testimony of just one witness. Perjury may be proven by the testimony of one witness, if it is corroborated by other direct or circumstantial evidence. The independent corroborating evidence must be equal in weight to the testimony of a second witness, and it must also be inconsistent with the innocence of (Def)_______________.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.