OUJI-CR 9-6

EVIDENCE - SEPARATE CONSIDERATION FOR EACH DEFENDANT

You must give separate consideration to the case of each individual defendant. Each defendant is entitled to have his/her case decided on the basis of the evidence and the law which is applicable to him/her. The fact that you return a verdict of guilty or not guilty for one defendant should not, in any way, affect your verdict for the other defendant.

[Repeat Limiting Instructions, If Any, Given During the Trial.]

Notes on Use

This instruction is to be given only where more than one defendant is on trial.

Committee Comments

This instruction is a general one that merely informs the jury that it must assess the case of each defendant on the basis of the law and the evidence that pertains to him/her. Any instructions given during the course of the trial which restrict the use the jury may make of evidence should be repeated at this juncture. Examples include evidence relating to commission of other crimes by the defendant, or evidence offered only for purposes of impeachment, such as prior inconsistent statements or former convictions.