[Insert instructions for underlying offense.]

Voluntariness of Statement If Obtained by Threat

You have heard evidence that the defendant made a statement [describe statement, e.g., to Detective [name] on [date]]. You have also heard evidence that [describe evidence indicating involuntariness, e.g., Detective [name], although lacking grounds to arrest the defendant’s wife, told the defendant his wife would be arrested and prosecuted unless he made a statement]. If you find the defendant did make the statement, you may consider that statement against the defendant only if you resolve a preliminary question in favor of the state.

No evidence obtained in violation of the Constitution of the United States may be considered against the accused in the trial of any criminal case. A statement obtained by certain threats is obtained in violation of the Constitution of the United States because the statement is not voluntary.

If [specify conduct, e.g., Detective [name], although lacking grounds to arrest the defendant’s wife, did tell the defendant his wife would be arrested and prosecuted unless the defendant confessed], any statement the defendant made would not be voluntary and could not be considered by you against the defendant.

Therefore, you may consider any statement you believe the defendant made only if you first all agree the state has proved, beyond a reasonable doubt, that [specify what state must prove, e.g., Detective [name] did not, although lacking grounds to arrest the defendant’s wife, tell the defendant his wife would be arrested and prosecuted unless the defendant made a statement].

If you do not find the state has proved, beyond a reasonable doubt, that [specify what state must prove, e.g., Detective [name] did not, although lacking grounds to arrest the defendant’s wife, tell the defendant his wife would be arrested and prosecuted unless the defendant made a statement], you are to disregard the evidence that the defendant made any statement. You may not consider that evidence for any purpose.

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]