SEQ CHAPTER \h \r 1CR05-351 07/28/03

DEFENDANT’S STATEMENT

You heard testimony that (Def)_______________ made statements to _______________ concerning the incident involved in this case.

You must determine whether (Def)_______________ made those statements, and whether [he] [she] made them voluntarily.  You should consider the totality of the circumstances under which the statements were made.  You may consider such factors as the location, the other persons present, (Def)_______________’s emotional state, and [his] [her] personal characteristics.  You may consider the statements to be voluntary if they were the product of (Def)_______________’s free and rational choice.

If you find that (Def)_______________ would not have made the statements, but for some threat of harm or punishment, or some promise of leniency or other reward, then you may find that [his] [her] statements were not voluntary.  A person accused of crime might admit facts that are not true, in an effort to avoid threatened harm or punishment, or to secure a promised reward.

If you find that (Def)_______________’s statements were not voluntary, then you may not consider them at all during your deliberations.

If you determine that (Def)_______________’s statements were voluntary, then you should give them whatever weight as you think they deserve under the circumstances.