Wis JI-Criminal 122

The information in this case charges that:

[READ THE CHARGE IN THE INFORMATION.]

To this charge, each of the defendants has entered a plea of not guilty which means the

State must prove every element of the offense charged beyond a reasonable doubt.

[READ INSTRUCTION FOR THE CHARGED CRIME, OMITTING LAST TWO

PARAGRAPHS.]

If you are satisfied beyond a reasonable doubt that the defendant (first defendant) did

(list the elements of the charged crime), you should find the defendant (first defendant) guilty

of (charged crime) as charged in the information.

If you are not so satisfied, you must not find the defendant (first defendant) guilty of

(charged crime), 1 and you should consider whether (first defendant) is guilty of (lesser

included crime), 2 in violation of § of the Criminal Code of Wisconsin, which is a lesser

included offense of (charged crime).

If you are satisfied beyond a reasonable doubt that the defendant (second defendant) did

(list the elements of the charged crime), you should find the defendant (second defendant)

guilty of (charged crime) as charged in the information.

If you are not so satisfied, you must not find the defendant (second defendant) guilty of

(charged crime), 3 and you should consider whether (second defendant) is guilty of (lesser

included crime), 4 in violation of § of the Criminal Code of Wisconsin, which is a lesser

included offense of (charged crime).

Make Every Reasonable Effort to Agree

With respect to each defendant, you should make every reasonable effort 5 to agree

unanimously on your verdict on the charge of (charged crime) before considering the offense

of (lesser included crime). However, if after full and complete consideration of the evidence,

you conclude that further deliberation would not result in unanimous agreement on the

charge against one defendant of (charged crime), you should consider whether that defendant

is guilty of (lesser included crime).

[READ INSTRUCTION FOR LESSER INCLUDED CRIME, OMITTING LAST TWO

PARAGRAPHS.]

If you are satisfied beyond a reasonable doubt that the defendant (first defendant) did

(list the elements of lesser included crime), you should find the defendant (first defendant)

guilty of (lesser included crime).

If you are not so satisfied, you must find the defendant (first defendant) not guilty.

If you are satisfied beyond a reasonable doubt that the defendant (second defendant) did

(list the elements of the lesser included crime), you should find the defendant (second

defendant) guilty of (lesser included crime).

If you are not so satisfied, you must find the defendant (second defendant) not guilty.

It is for you to determine, as to each defendant, whether that defendant is guilty or not

guilty of an offense. You must make a finding as to each defendant separately, and, at the

close of these instructions, the court will submit to you separate verdicts regarding each

defendant.

You are not, in any event, to find a defendant guilty of more than one of the foregoing

offenses. If you are satisfied beyond a reasonable doubt that a defendant committed (charged

crime), the offense charged in the information, you should find that defendant guilty of that

offense, and you must not find that defendant guilty of the other lesser included offense I

have submitted to you.

If you are not satisfied beyond a reasonable doubt that a defendant committed either one

of the offenses I have submitted to you, as to that defendant you must make a finding of not

guilty.