CR05-102 05/10/04

TESTIMONY OF ACCOMPLICES

You have also heard witnesses who testified that they were accomplices, that is, they said they participated with (Def)_______________ in committing a crime. You should examine the testimony of accomplices with greater care than the testimony of a witness who did not claim to have participated in the commission of that crime. The reason is that when an accomplice testifies, he or she has usually made an agreement with the government that, in exchange for the testimony, he or she will not be punished for committing a crime, or will receive a lighter sentence. A witness who has made such an agreement has a motive to testify falsely.

You must therefore evaluate the testimony of [an accomplice] [(accomplice)_______________] with great care. Consider whether the testimony of the accomplice has been affected by self-interest, or by an agreement he or she may have with the government, or by his or her own interest in the outcome of this case, or by any prejudice he or she may have against (Def)_______________. Whether to believe the testimony of accomplices, and how much weight to give it, is up to you.