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United States v. Gaines,
No. 04-5616-cr (2nd Cir., July 20, 2006): Jury Instructions; Defendant Testifying: Interesting jury instruction issue where the jury was instructed in part as follows: "Obviously, the defendant has a deep personal interest in the result of his prosecution. This interest creates a motive for false testimony and, therefore, the defendant's testimony should be scrutinized and weighed with care." The Circuit found error in this language and ordered the District Court to no longer use the instruction. In footnote number 7, the Circuit noted that, in response to the Government's contention that the defendant was the only witness interested in the outcome of the trial, "Though it may pale in degree when compared to a defendant's, arresting officers have an indisputable interest in the outcome of cases they testify in. Anyone who believes otherwise does not understand modern law enforcement." Pretty strong.
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