[Insert instructions for underlying offense.]

Voluntariness of Statement If Obtained by Coercion

You have heard evidence that the defendant made a statement [describe statement, e.g., to Officers [name] and [name] on [date]]. 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 coercive police activity that overbears a defendant’s will is involuntary and has been obtained in violation of the Constitution. If officers have engaged in coercive activity, whether that activity overbears a defendant’s will must be determined in light of a totality of the circumstances.

The state must prove beyond a reasonable doubt that the statement was not obtained by means of coercive law enforcement conduct that rendered the statement involuntary. The state, in other words, must prove beyond a reasonable doubt that the statement was voluntary.

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, at least one of the following:

1. [Name(s) of law enforcement official(s)] did not engage in coercive activity; or
2. any coercive activity in which [name(s) of law enforcement official(s)] engaged did not overcome the defendant’s will and make his statement involuntary.

If you do not find the state has proved, beyond a reasonable doubt, at least one of the items above, 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.]