C O M P A R AT I V E S T U D Y 505 506 507 508 509 510 511 512 Circuit Doubt Subject Verb Object RD Reasonable and prudent man hesitate and pause graver and more important transactions of life 1st506 RD Reasonable person hesitate to act transaction of importance and seriousness 2nd507 BRD Reasonable person not hesitate to rely and act upon it most important of his own affairs 3rd508 BRD You willing to rely and act most important of your own affairs 5th509 BRD You willing to rely and act most important of your own affairs 6th510 BRD You not hesitate to rely and act most important decisions 7th511 RD Reasonably prudent person hesitate more important affairs 8th512 BRD Reasonable person not hesitate to rely and act (none mentioned) D.C. 505 505 Egan v. United States, 287 F. 958, 967 (D.C.Cir.1923). Variations of this analogy are found in other District of Columbia cases. See generally, Moore v. United States, 345 F.2d 97, 98 & n. 1 (D. C. Cir. 1965) (describing this instruction as exemplary”). 506 United States v. Munson, 819 F.2d 337, 345 (1st Cir. 1987). This analogy is not found in the circuit's recent pattern instructions. COMMITTEE ON PATTERN CRIMINAL JURY INSTRUCTIONS, DISTRICT JUDGES ASS’N FIRST CIRCUIT, PATTERN JURY INSTRUCTIONS CRIMINAL CASES § 3.02, at 3840 (1998) (rejecting analogy). The First Circuit has one of the longest pattern reasonable doubt instructions, but rejects moral certainty, the analogy, and the FJC model. Id. at 39-41. 507 United States v. Delibac, 925 F.2d 610, 614 (2d Cir. 1991); see also United States v. Birbal, 62 F.3d 456, 459-60 (2d Cir. 1995). 508 United States v. Jacobs, 44 F.3d 1219, 1225 (3d Cir. 1995). 509 COMMITTEE ON PATTERN CRIMINAL JURY INSTRUCTIONS, DISTRICT JUDGES ASS’N FIFTH CIRCUIT, PATTERN JURY INSTRUCTIONS – CRIMINAL CASES§ 1.06, at 16 (1990). This instruction was upheld in United States v. Hunt, 794 F.2d 1095, 1101 (5th Cir. 1986). 510 COMMITTEE ON PATTERN CRIMINAL JURY INSTRUCTIONS, DISTRICT JUDGES ASS’N SIXTH CIRCUIT, PATTERN JURY INSTRUCTIONS-CRIMINAL CASES § 1.03, at 6 (1993), cited withapproval in United States v. Goodlett, 3 F.3d 976, 979 (6th Cir. 1993). 511 United States v. Shaffner, 524 F.2d 1021, 1023 n.2 (7th Cir. 1975). This instruction is no longer given. 512 MANUAL OF MODEL CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT COURTS OF THE EIGHTH CIRCUIT 78 (1989) (instruction 3.11), upheld in United States v. Harris, 974 F.2d 84, 85-86 (8th Cir. 1992). 109

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