United States v. Mitchell

          FINAL JURY INSTRUCTIONS

         INSTRUCTION NO. 1

         Members of the jury, now that you have heard all the evidence, it is my duty to instruct you on the law that applies to this case. A copy of these instructions will be available in the jury room for you to consult.

         It is your duty to weigh and to evaluate all the evidence received in the case and, in that process, to decide the facts. It is also your duty to apply the law as I give it to you to the facts as you find them, whether you agree with the law or not. You must decide the case solely on the evidence and the law and must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. You will recall that you took an oath promising to do so at the beginning of the case.

         You must follow all these instructions and not single out some and ignore others; they are all important. Please do not read into these instructions or into anything I may have said or done any suggestion as to what verdict you should return-that is a matter entirely up to you.

         INSTRUCTION NO. 2

         This is a criminal case brought by the United States government. The government charges the defendant with receipt of one or more visual depictions of a minor engaged in sexually explicit conduct. The charge against the defendant is contained in the indictment. The indictment simply describes the charge the government brings against the defendant. The indictment is not evidence and does not prove anything.

         The defendant has pleaded not guilty to the charge and is presumed innocent unless and until the government proves the defendant guilty beyond a reasonable doubt. In addition, the defendant has the right to remain silent and never has to prove innocence or to present any evidence.

         INSTRUCTION NO. 3

         You are here only to determine whether the defendant is guilty or not guilty of the charge in the indictment. The defendant is not on trial for any conduct or offense not charged in the indictment.

         INSTRUCTION NO. 4

         Because of the presumption of innocence, a defendant does not have to testify or present any evidence to prove innocence. The burden of proof is always on the government and never shifts to the defendant.

         The burden on the government is to prove every element of the charges beyond a reasonable doubt.

         Proof beyond a reasonable doubt is proof that leaves you firmly convinced that the defendant is guilty. It is not required that the government prove guilt beyond all possible doubt.

         A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.

         If after a careful and impartial consideration of all the evidence, you are not convinced beyond a reasonable doubt that a defendant is guilty, it is your duty to find that defendant not guilty. However, if after a careful and impartial consideration of all the evidence, you are convinced beyond a reasonable doubt that a defendant is guilty, it is your duty to find that defendant guilty.

         INSTRUCTION NO. 5

         The evidence you are to consider in deciding what the facts are consists of:

(1) the sworn testimony of any witness;

(2) the exhibits received into evidence; and

(3) any facts to which the parties have agreed, as, for example, in a stipulation.

         INSTRUCTION NO. 6

         The parties have agreed what Special Agent Daniel Ben-Meir’s testimony would be if called as a witness. You should consider that testimony in the same way as if it had been given here in court.

         INSTRUCTION NO. 7

         The parties have agreed to certain facts that have been stated to you. You should therefore treat ...