2.09 Opinion Evidence (Expert Witnesses) The rules of evidence ordinarily do not permit witnesses to state their own opinions about important questions in a trial, but there are exceptions to these rules. You will hear testimony from (state the name of the person(s) who will offer an opinion). Because of (his)(her)(their) knowledge, skill, experience, training, or education in the field of (state the witness(es)’s field), (Mr.)(Ms.)(Dr.) (name) will be permitted to offer (an) opinion(s) in that field and the reasons for (that)(those) opinion(s). The opinion(s) witness(es) state(s) should receive whatever weight you think appropriate, given all the other evidence in the case. In weighing this opinion testimony you may consider the witness' qualifications, the reasons for the witness' opinions, and the reliability of the information supporting the witness' opinions, as well as the other factors I will discuss in my final instructions for weighing the testimony of witnesses. You may disregard the opinion(s) entirely if you decide that (Mr.)(Ms.)(Dr.) (name)’s opinion(s) (is)(are) not based on sufficient knowledge, skill, experience, training, or education. You may also disregard the opinion(s) if you conclude that the reasons given in support of the opinion(s) are not sound, or if you conclude that the opinion(s) (is)(are) not supported by the facts shown by the
in the event one of the lawyers requests it or the trial judge otherwise considers it necessary in the case on trial. The instruction should not be given routinely for “run of the mill” lay opinion testimony, such as “he looked angry” or “she was driving fast.” The instruction should be given when the lay opinion is more like an “expert” opinion or when there is also expert opinion testimony given in the same trial, to avoid the confusion that might result because Instruction 2.09 (Opinion Evidence (Expert Witnesses)) states that opinion testimony is generally not permitted. If the trial judge decides that an instruction on lay opinion testimony is necessary, the above instruction can be given at the time the witness is giving his or her opinion testimony. For a comparable instruction that should be given in the final instructions to the jury, see Instruction 4.09 (Opinion Evidence (Lay Witnesses) (F.R.E. 701)). (Revised 2017)
2.22 Witness Who Has Pleaded Guilty to the Same or Related Charges You have evidence that (name of witness) pleaded guilty to charges arising from the events that are the subject of this trial. You must not consider (name of witness)’s guilty plea as any evidence of (name of defendant)’s guilt. (Name of witness)’s decision to plead guilty was a personal decision about (his)(her) own guilt. You should disregard (name of witness)’s guilty plea completely when considering (name of defendant)’s guilt or innocence. Instead, you may consider (name of witness)’s guilty plea only for the purpose of (select appropriate purpose): determining how much, if at all, to rely upon (his)(her) testimony; or foreclosing the suggestion that the party producing the witness was concealing evidence; or rebutting the inference that the witness was not prosecuted and that (name of defendant) was singled out for prosecution; or explaining the witness’s firsthand knowledge of the events; or rebutting the assertion that (name of witness) was acting as a government agent while engaged in the activities that formed the basis of the guilty plea. You should give (name of witness)’s testimony the weight you believe it
2.26 Impeachment of Defendant - Prior Inconsistent Statement Taken in Violation of Miranda Alternative 1: You just heard the defendant, (name), testify on (his)(her) own behalf. You also heard evidence that (name) made (a statement)(certain statements) before trial. (Name) admitted making (this)(these) statement(s). (This)(These) earlier statement(s)(is)(are) brought to your attention only to help you decide if you believe what the defendant testified to here in court. You may consider (this)(these) statement(s) as you decide if what (name) said here in court was true. You must not, however, consider the earlier statement(s) as evidence of (name)’s guilt. The government must use other evidence to prove, beyond a reasonable doubt, that the defendant committed the crime. Alternative 2: You will recall that the defendant, (name), testified on (his)(her) own behalf. You are about to hear evidence that (name) made (a statement)(certain statements) before trial. (This)(These) earlier statement(s) by (name) (is)(are) brought to your attention only to help you decide if you believe what the defendant testified to here in court. (Name) has denied making (this)(these) statement(s). If you find that (name) made statement(s) before trial that are different from (name)’s testimony here at trial, then you may consider (this)(these) statement(s) as you decide if what (name) said here