United States District Court, N.D. California
INSTRUCTION NO. 1 - DUTIES OF JURY TO FIND FACTS AND FOLLOW
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.
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. Do not allow personal likes or dislikes, sympathy,
prejudice, fear, or public opinion to influence you. You
should also not be influenced by any person's race,
color, religion, national ancestry, gender, sexual
orientation, profession, occupation, celebrity, economic
circumstances, or position in life or in the community. You
will recall that you took an oath promising to do so at the
beginning of the case.
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 - CHARGE AGAINST DEFENDANT NOT EVIDENCE-
PRESUMPTION OF INNOCENCE-BURDEN OF PROOF
Indictment is not evidence. The defendant has pleaded not
guilty to the charges. The defendant is presumed to be
innocent unless and until the government proves the defendant
guilty beyond a reasonable doubt. In addition, the defendant
does not have to testify or present any evidence. The
defendant does not have to prove innocence; the government
has the burden of proving every element of the charges beyond
a reasonable doubt.
INSTRUCTION NO. 3 - DEFENDANT'S DECISION NOT TO
defendant in a criminal case has a constitutional right not
to testify. In arriving at your verdict, the law prohibits
you from considering in any manner that the defendant did not
INSTRUCTION NO. 4 - REASONABLE DOUBT - DEFINED
beyond a reasonable doubt is proof that leaves you firmly
convinced the defendant is guilty. It is not required that
the government prove guilt beyond all possible doubt.
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.
after a careful and impartial consideration of all the
evidence, you are not convinced beyond a reasonable doubt
that the defendant is guilty, it is your duty to find the
defendant not guilty. On the other hand, if after a careful
and impartial consideration of all the evidence, you are
convinced beyond a reasonable doubt that the defendant is
guilty, it is your duty to find the defendant guilty.
INSTRUCTION NO. 5 - WHAT IS EVIDENCE
evidence you are to consider in deciding what the facts are
(1) the sworn testimony of any witness; and
(2) the exhibits received in evidence; and
(3) any facts to which the parties have stipulated or agreed.
INSTRUCTION NO. 6 - WHAT IS NOT EVIDENCE
reaching your verdict you may consider only the testimony and
exhibits received in evidence. The following things are not
evidence and you may not consider them in deciding what the
1. Questions, statements, objections, and arguments by the
lawyers are not evidence. The lawyers are not witnesses.
Although you must consider a lawyer's questions to
understand the answers of a witness, the lawyer's
questions are not evidence. Similarly, what the lawyers have
said in their opening statements, will say in their closing
arguments, and at other times is intended to help you
interpret the evidence, but it is not evidence. If the facts
as you remember them differ from the way the lawyers state
them, your memory of them controls.
2. Any testimony that I have excluded, stricken, or
instructed you to disregard is not evidence.
3. Anything you may have seen or heard when the court was not
in session is not evidence. You are to decide the case solely
on the evidence received at the trial.
INSTRUCTION NO. 7 - DIRECT AND CIRCUMSTANTIAL
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 you can find another fact.
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.
INSTRUCTION NO. 8 - CREDIBILITY OF WITNESSES
deciding the facts in this case, you may have to decide which
testimony to believe and which testimony not to believe. You
may believe everything a witness says, or part of it, or none
considering the testimony of any witness, you may take into
(1) the opportunity and ability of the witness to see or hear
or know the things testified to;
(2) the witness's memory;
(3) the witness's manner while testifying;
(4) the witness's interest in the outcome of the case, if
(5) the witness's bias or prejudice, if any;
(6) whether other evidence contradicted the witness's