Confession Consideration

Proposed Jury Instruction for Confession Consideration

NOTICE TO COUNSEL AND JUDGES: As provided in the Court's Order accepting the proposed jury instructions for a period of working review, the Court's provisional approval "is for the purpose of refining and testing the application and accuracy of the pattern instructions and does not ensure error-free trials, and their use does not carry a no-reversal guarantee. It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. (emphasis added).

CONFESSION CONSIDERATION--VOLUNTARINESS
The Court instructs the jury that under the law of this state the "confession" or "statement against interest" offered in evidence by the State may be considered by the jury in determining the guilt or innocence of the Defendant of the crime charged in this case only if the jury believe that the State has proved by a preponderance of the evidence that such statement was freely and voluntarily made without threat or coercion or promise of reward, and, that, if you do not believe that the State has met this burden of proof, it is your duty to disregard such statement entirely.

COMMENT
CONFESSION CONSIDERATION--VOLUNTARINESS
1. State v. Taylor, 168 W.Va. 380, 285 S.E. 2d 635 (1981); State v. Vance, 162 W.Va. 467, 250 S.E. 2d 146 (1978). To raise this issue at trial, the defendant must take the stand and testify as to not only the taking of the confession but matters relevant to the crime for which he is charged.