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WI · jury_instructions

Wis JI-Criminal 180

Statements of Defendant

activein force · 2021-01-01 – presentas-observed

The State has introduced evidence of (a statement) (statements) which it claims (was)

(were) made by the defendant. It is for you to determine how much weight, if any, to give

to (the) (each) statement.

In evaluating (the) (each) statement, you must determine three things:1

• whether the statement was actually made by the defendant. Only so much of a

statement as was actually made by a person may be considered as evidence.

• whether the statement was accurately restated here at trial.

• whether the statement or any part of it ought to be believed.

ADD THE FOLLOWING IF A STATEMENT RESULTING FROM AN

UNRECORDED CUSTODIAL INTERROGATION IS ADMITTED AT A TRIAL

FOR A FELONY AND NO EXCEPTION APPLIES2

[It is the policy of this state to make an audio or audio and visual recording of a

custodial interrogation of a person suspected of committing a felony3. You may consider

the absence of an audio or audio and visual recording of the interrogation in evaluating the

evidence relating to the interrogation and the (statement) (statements) in this case.]

CONTINUE WITH THE FOLLOWING IN ALL CASES

You should consider the facts and circumstances surrounding the making of (the)

(each) statement, along with all the other evidence in determining how much weight, if

any, the statement deserves.

History

Wis JI-Criminal 180 (2021). Release No. 59. Wisconsin Court System, 2021. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source
wilawlibrary.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
d43f68fab0b0cd1d45351e8f468c6e468794e02e0ad8e99c0f818f822c07d9f4
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