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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents