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98-CR-0104 U.S. v. Acosta, et al.

By: dmc-admin//July 9, 2001//

98-CR-0104 U.S. v. Acosta, et al.

By: dmc-admin//July 9, 2001//

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“In the trial of this criminal case I used a verdict form in which special interrogatories on all elements of the crime preceded a question on guilt or innocence… My reasons for using this verdict form appear in the transcript, but I thought I would put them on paper and publish them, because, although such a verdict form is unusual, in cases like this one I believe it is fair to the parties and helpful to the jury.”

“The verdict form in this case went beyond simply questions on the predicate acts; it included interrogatories on all elements of the RICO charge. I considered the government’s argument that the verdict form caused more confusion than a general verdict but concluded that the verdict form with interrogatories as to each element actually eliminated confusion. The jury was given extensive instructions and had heard extensive evidence…. I agreed with the defendants’ contention that it would be fair and reasonable to use a verdict form that informed the jurors of and helped them work their way through the specific findings that they had to make.”

Eastern District of Wisconsin, Adelman, J.

(Copies of the full text of this opinion may be ordered by calling (414) 276-0273, ext. 114.)

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