Court filing
Defendant Philossaint’s Proposed Jury Instructions — United States v. Philossaint (Dkt. 185, S.D. Fla.)
Summary
Defendant Philossaint's Proposed Jury Instructions in United States of America v. Joff Stenn Wroy Philossaint, Case No. 22-80144-CR-SMITH/MAYNARD(s)(s), in the U.S. District Court for the Southern District of Florida, filed February 1, 2023. Through counsel Ian J. Goldstein, the defendant asks the Court to give the listed instructions at trial and to allow additional instructions based on the evidence. The set includes general instructions on the duty to follow instructions and the presumption of innocence, and an offense instruction on procurement of citizenship or naturalization unlawfully under 18 U.S.C. § 1425. It reserves a theory of defense instruction to be submitted separately, includes a good-faith defense instruction, and closes with instructions on the verdict form and on communicating with the court.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Filed February 1, 2023 in Joff Stenn Wroy Philossaint; one of 115 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2023-02-01 |
Cite this document
“Defendant Philossaint’s Proposed Jury Instructions — United States v. Philossaint (Dkt. 185, S.D. Fla.).”
U.S. District Court for the Southern District of Florida, No. 9:22-cr-80144, Doc. 185, filed 2023-02-01. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-joff-stenn-wroy-philossaint-flsd-619841/2023-02-01-gov-uscourts-flsd-619841-185-0-doc-185/
, SHA-256 415c9b5e82d985ba17fc42338ebf66a86f33d0fe6233600d637f9df9006c4701.Full text
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 1 of 14
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 22-80144-CR-SMITH/MAYNARD(s)(s)
UNITED STATES OF AMERICA,
Plaintiff,
vs.
JOFF STENN WROY PHILOSSAINT,
Defendant.
___________________________________/
DEFENDANT PHILOSSAINT’S PROPOSED JURY INSTRUCTIONS
The defendant, Joff Stenn Wroy Philossaint, through undersigned counsel,
respectfully requests that the Court give the following Jury Instructions at trial in
this matter. Defendant also requests that he be allowed to propose such additional
instructions as become appropriate based upon the testimony and evidence at trial,
and that it be informed prior to closing arguments which instructions the Court will
accept.
Respectfully submitted,
LAW OFFICES OF IAN GOLDSTEIN P.A.
Counsel for Defendant Philossaint
330 Clematis Street, Suite 209
West Palm Beach, FL 33401
Tel: (561) 600-0950
Email: ian@iangoldsteinlaw.com
/s/ Ian J. Goldstein
IAN J. GOLDSTEIN, ESQUIRE
Florida Bar No. 0085219
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 2 of 14
B1
Face Page – Introduction
Members of the Jury:
It’s my duty to instruct you on the rules of law that you must use in deciding
this case. After I’ve completed these instructions, you will go to the jury room and
begin your discussions – what we call your deliberations.
You must decide whether the Government has proved the specific facts
necessary to find the Defendant guilty beyond a reasonable doubt.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 3 of 14
B2.1
The Duty to Follow Instructions And the Presumption of Innocence
Your decision must be based only on the evidence presented here. You must
not be influenced in any way by either sympathy for or prejudice against the
Defendant or the Government.
You must follow the law as I explain it – even if you do not agree with the
law – and you must follow all of my instructions as a whole. You must not single
out or disregard any of the Court's instructions on the law.
The indictment or formal charge against a defendant isn’t evidence of guilt.
The law presumes every defendant is innocent. The Defendant does not have to
prove his innocence or produce any evidence at all. The Government must prove
guilt beyond a reasonable doubt. If it fails to do so, you must find the Defendant
not guilty.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 4 of 14
B2.2
The Duty to Follow Instructions and the Presumption Of Innocence
When a Defendant Does Not Testify
Your decision must be based only on the evidence presented during the trial.
You must not be influenced in any way by either sympathy for or prejudice against
the Defendant or the Government.
You must follow the law as I explain it – even if you do not agree with the
law – and you must follow all of my instructions as a whole. You must not single
out or disregard any of the Court's instructions on the law.
The indictment or formal charge against a Defendant isn’t evidence of guilt.
The law presumes every Defendant is innocent. The Defendant does not have to
prove his innocence or produce any evidence at all. A Defendant does not have to
testify, and if the Defendant chose not to testify, you cannot consider that in any
way while making your decision. The Government must prove guilt beyond a
reasonable doubt. If it fails to do so, you must find the Defendant not guilty.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 5 of 14
B3
Definition of “Reasonable Doubt”
The Government's burden of proof is heavy, but it doesn’t have to prove a
Defendant's guilt beyond all possible doubt. The Government's proof only has to
exclude any “reasonable doubt” concerning the Defendant's guilt.
A “reasonable doubt” is a real doubt, based on your reason and common
sense after you’ve carefully and impartially considered all the evidence in the case.
“Proof beyond a reasonable doubt” is proof so convincing that you would be
willing to rely and act on it without hesitation in the most important of your own
affairs. If you are convinced that the Defendant has been proved guilty beyond a
reasonable doubt, say so. If you are not convinced, say so.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 6 of 14
B4
Consideration of Direct and Circumstantial Evidence;
Argument of Counsel; Comments by the Court
As I said before, you must consider only the evidence that I have admitted in
the case. Evidence includes the testimony of witnesses and the exhibits admitted.
But, anything the lawyers say is not evidence and isn’t binding on you.
You shouldn’t assume from anything I’ve said that I have any opinion about
any factual issue in this case. Except for my instructions to you on the law, you
should disregard anything I may have said during the trial in arriving at your own
decision about the facts.
Your own recollection and interpretation of the evidence is what matters.
In considering the evidence you may use reasoning and common sense to
make deductions and reach conclusions. You shouldn’t be concerned about
whether the evidence is direct or circumstantial.
“Direct evidence” is the testimony of a person who asserts that he or she has
actual knowledge of a fact, such as an eyewitness.
“Circumstantial evidence” is proof of a chain of facts and circumstances that
tend to prove or disprove a fact. There’s no legal difference in the weight you may
give to either direct or circumstantial evidence.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 7 of 14
B5
Credibility of Witnesses
When I say you must consider all the evidence, I don’t mean that you must
accept all the evidence as true or accurate. You should decide whether you believe
what each witness had to say, and how important that testimony was. In making
that decision you may believe or disbelieve any witness, in whole or in part. The
number of witnesses testifying concerning a particular point doesn’t necessarily
matter.
To decide whether you believe any witness I suggest that you ask yourself a
few questions:
• Did the witness impress you as one who was telling the truth?
• Did the witness have any particular reason not to tell the truth?
• Did the witness have a personal interest in the outcome of the
case?
• Did the witness seem to have a good memory?
• Did the witness have the opportunity and ability to accurately
observe the things he or she testified about?
• Did the witness appear to understand the questions clearly and
answer them directly?
• Did the witness's testimony differ from other testimony or other
evidence?
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 8 of 14
O120
Procurement of Citizenship
or Naturalization Unlawfully
18 U.S.C. § 1425
It’s a Federal crime for any person to knowingly procure or attempt to
procure, contrary to law, the naturalization of any person.
The Defendant can be found guilty of a violation of section 1425(a), only if
all the following facts are proved beyond a reasonable doubt:
(1) the Defendant knowingly procured
(2) contrary to law
(3) the naturalization of any person
“Naturalization” means conferring citizenship on a person after his or
her birth.
A defendant acts “contrary to law” if the defendant knowingly makes
a false statement under oath in a proceeding or matter relating to
naturalization.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 9 of 14
Theory of Defense Instruction
[to be submitted separately, if appropriate]
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 10 of 14
S17
Good-Faith Defense
“Good faith” is a complete defense to a charge that requires intent to
defraud. A defendant isn’t required to prove good faith. The Government must
prove intent to defraud beyond a reasonable doubt.
An honestly held opinion or an honestly formed belief cannot be fraudulent
intent – even if the opinion or belief is mistaken. Similarly, evidence of a mistake
in judgment, an error in management, or carelessness can’t establish fraudulent
intent.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 11 of 14
B9.2
On or About a Particular Date; Knowingly
You’ll see that the indictment charges that a crime was committed “on or
about” a certain date. The Government doesn’t have to prove that the offense
occurred on an exact date. The Government only has to prove beyond a reasonable
doubt that the crime was committed on a date reasonably close to the date alleged.
The word “knowingly” means that an act was done voluntarily and
intentionally and not because of a mistake or by accident.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 12 of 14
B10.1
Caution: Punishment
(Single Defendant, Single Count)
I caution you that the Defendant is on trial only for the specific crime
charged in the indictment. You’re here to determine from the evidence in this case
whether the Defendant is guilty or not guilty of that specific crime.
You must never consider punishment in any way to decide whether the
Defendant is guilty or not guilty. If you find the Defendant guilty, the punishment
is for the Judge alone to decide later.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 13 of 14
B11
Duty to Deliberate
Your verdict, whether guilty or not guilty, must be unanimous – in other
words, you must all agree. Your deliberations are secret, and you’ll never have to
explain your verdict to anyone.
Each of you must decide the case for yourself, but only after fully
considering the evidence with the other jurors. So you must discuss the case with
one another and try to reach an agreement. While you’re discussing the case, don’t
hesitate to reexamine your own opinion and change your mind if you become
convinced that you were wrong. But don’t give up your honest beliefs just because
others think differently or because you simply want to get the case over with.
Remember that, in a very real way, you’re judges – judges of the facts. Your
only interest is to seek the truth from the evidence in the case.
Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 14 of 14
B12
Verdict
When you get to the jury room, choose one of your members to act as
foreperson. The foreperson will direct your deliberations and will speak for you in
court.
A verdict form has been prepared for your convenience.
[Explain verdict]
Take the verdict form with you to the jury room. When you’ve all agreed on
the verdict, your foreperson must fill in the form, sign it, date it, and carry it. Then
you’ll return it to the courtroom.
If you wish to communicate with me at any time, please write down your
message or question and give it to the marshal. The marshal will bring it to me and
I’ll respond as promptly as possible – either in writing or by talking to you in the
courtroom. But I caution you not to tell me how many jurors have voted one way
or the other at that time.File and source
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