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United States v. Lee

United States District Court, N.D. California

June 27, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JOHN CHING EN LEE, Defendant.

          JURY INSTRUCTIONS

         TABLE OF CONTENTS

         Preliminary Instructions

         Jury Instruction No. 1 - Duty of Jury

         Jury Instruction No. 2 - The Charge - Presumption of Innocence

         Jury Instruction No. 3 - What is Evidence

         Jury Instruction No. 4 - What is Not Evidence

         Jury Instruction No. 5 - Direct and Circumstantial Evidence

         Jury Instruction No. 6 - Ruling on Objections

         Jury Instruction No. 7 - Credibility of Witnesses

         Jury Instruction No. 8 - Conduct of the Jury

         Jury Instruction No. 9 - No Transcript Available to Jury

         Jury Instruction No. 10 - Taking Notes

         Jury Instruction No. 11 - Outline of Trial

         Jury Instruction No. 12 - Jury to be Guided by Official English Interpretation

         Instructions in the Course of Trial

         Jury Instruction No. 13 - Cautionary Instruction - First Recess

         Jury Instruction No. 14 - Bench Conferences and Recesses

         Jury Instruction No. 15 - Stipulations of Fact

         Jury Instruction No. 16 - Foreign Language Testimony (if necessary)

         Instructions at End of Case

         Jury Instruction No. 17 - Duties of Jury to Find Facts and Follow Law

         Jury Instruction No. 18 - Charge against Defendant Not Evidence - Presumption of Innocence - Burden of Proof

         Jury Instruction No. 19 - Defendant's Decision Not to Testify (if necessary)

         Jury Instruction No. 20 - Defendant's Decision to Testify (if necessary)

         Jury Instruction No. 21 - Reasonable Doubt - Defined

         Jury Instruction No. 22 - What is Evidence

         Jury Instruction No. 23 - What is Not Evidence

         Jury Instruction No. 24 - Direct and Circumstantial Evidence

         Jury Instruction No. 25 - Credibility of Witnesses

         Jury Instruction No. 26 - Activities Not Charged

         Jury Instruction No. 27 - Separate Consideration of Multiple Counts - Single Defendant

         Jury Instruction No. 28 - Jury to be Guided by Official English Interpretation (if necessary)

         Offenses Under Title 18

         Jury Instruction No. 29 - False Statement to Government Agency (18 U.S.C. § 1001) - Count One

         Jury Instruction No. 30 - False Statement to Government Agency (18 U.S.C. § 1001) - Count Two

         Jury Instruction No. 31 - On or About - Defined

         Jury Instruction No. 32 - Knowingly - Defined Consideration of Particular Evidence

         Jury Instruction No. 33 - Impeachment, Prior Conviction of Defendant (if necessary)

         Jury Instruction No. 34 - Impeachment Evidence - Witness (if necessary)

         Jury Instruction No. 35 - Summaries Not Received in Evidence (if necessary)

         Jury Instruction No. 36 - Charts and Summaries in Evidence (if necessary)

         Jury Deliberations Jury Instruction No. 37 - Duty to Deliberate

         Jury Instruction No. 38 - Consideration of Evidence

         Jury Instruction No. 39 - Use of Notes

         Jury Instruction No. 40 - Jury Consideration of Punishment

         Jury Instruction No. 41 - Verdict Form

         Jury Instruction No. 42 - Communication with Court

         PRELIMINARY INSTRUCTIONS

         JURY INSTRUCTION NO. 1 - DUTY OF JURY

         [Model Instruction 1.1]

         Jurors: You now are the jury in this case, and I want to take a few minutes to tell you something about your duties as jurors and to give you some preliminary instructions. At the end of the trial I will give you more detailed [written] instructions that will control your deliberations. When you deliberate, it will be your duty to weigh and to evaluate all the evidence received in the case and, in that process, to decide the facts. To the facts as you find them, you will apply the law as I give it to you, whether you agree with the law or not. You must decide the case solely on the evidence and the law before you and must not be influenced by any personal likes or dislikes, opinions, prejudices, or sympathy. Please do not take anything I may say or do during the trial as indicating what I think of the evidence or what your verdict should be-that is entirely up to you.

         JURY INSTRUCTION NO. 2 - THE CHARGE - PRESUMPTION OF INNOCENCE

         [Model Instruction 1.2 (with modifications)]

         This is a criminal case brought by the United States government. The government charges Mr. Lee with violations of Title 18, United States Code, Section 1001.

         Mr. Lee has pleaded not guilty to the charges. Mr. Lee is presumed to be innocent unless and until the government proves that he is guilty beyond a reasonable doubt. In addition, Mr. Lee does not have to testify or present any evidence to prove innocence. The government has the burden of proving every element of the charges beyond a reasonable doubt.

         In order to help you follow the evidence, I will now give you a brief summary of the elements of the crimes which the government must prove to make its case:

         Mr. Lee is charged in Counts One and Two with knowingly and willfully making false statements in a matter within the jurisdiction of a governmental agency or department, the United States Department of Homeland Security, in violation of Section 1001 of Title 18 of the United States Code. In order for Mr. Lee to be found guilty of these charges, the government must prove each of the following elements beyond a reasonable doubt:

         First, Mr. Lee made a false statement in a matter within the jurisdiction of the United States Department of Homeland Security; Second, Mr. Lee acted willfully; that is, Mr. Lee acted deliberately and with knowledge both that the statement was untrue and that his conduct was unlawful; and Third, the statement was material to the activities or decisions of the United States Department of Homeland Security; that is, it had a natural tendency to influence, or was capable of influencing, the agency's decisions or activities.

         JURY INSTRUCTION NO. 3 - WHAT IS EVIDENCE

         [Model instruction 1.3]

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

         (1) the sworn testimony of any witness; and

         (2) the exhibits which are received in evidence; and

         (3) any facts to which the parties agree.

         JURY INSTRUCTION NO. 4 - WHAT IS NOT EVIDENCE

         [Model Instruction 1.4]

         The following things are not evidence, and you must not consider them as evidence in deciding the facts of this case:

         (1) statements and arguments of the attorneys;

         (2) questions and objections of the attorneys;

         (3) testimony that I instruct you to disregard; and

         (4) anything you may see or hear when the court is not in session even if what you see or hear is done or said by one of the parties or by one of the witnesses.

         JURY INSTRUCTION NO. 5 - DIRECT AND CIRCUMSTANTIAL EVIDENCE

         [Model Instruction 1.5]

         Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally saw or heard or did. Circumstantial evidence is indirect evidence, that is, it is proof of one or more facts from which one can find another fact.

         You are to consider both direct and circumstantial evidence. Either can be used to prove any fact. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give to any evidence.

         JURY INSTRUCTION NO. 6 - RULING ON OBJECTIONS

         [Model Instruction 1.6]

         There are rules of evidence that control what can be received in evidence. When a lawyer asks a question or offers an exhibit in evidence and a lawyer on the other side thinks that it is not permitted by the rules of evidence, that lawyer may object. If I overrule the objection, the question may be answered or the exhibit received. If I sustain the objection, the question cannot be answered, or the exhibit cannot be received. Whenever I sustain an objection to a question, you must ignore the question and must not guess what the answer would have been.

         Sometimes I may order that evidence be stricken from the record and that you disregard or ignore the evidence. That means that when you are deciding the case, you must not ...


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