Criminal Jury Instructions for the District of Columbia
Fifth Edition (2014)
II. FINAL INSTRUCTIONS
Instruction 2.302. FAILURE TO COOPERATE DURING IDENTIFICATION PROCEDURE
You have heard evidence that there was a court order that [name of defendant] [appear in a lineup] [speak certain words while standing in a lineup so that witnesses could hear him/her] [furnish a specimen of his/her handwriting for identification purposes] [try on an article of clothing allegedly [found at the scene of the crime] [used in the commission of the crime]] and that [name of defendant] may have refused to obey that order. It is up to you to decide if s/he refused to obey the court’s order. If you find that s/he did so, you may consider his/her refusal as tending to show his/her feelings of guilt, which you may, in turn, consider as tending to show actual guilt. On the other hand, you may also consider that s/he may have refused for reasons [unrelated to this case or] fully consistent with innocence in this case.
If you find that [name of defendant] refused [a court order [identify order if necessary]] [a request by law enforcement], you should give the evidence as much weight as in your judgment it deserves.