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Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 93 of 167

1 Instruction No. 5: Improper Considerations

2 Your verdict must be based solely upon the evidence or the lack of evidence, and it is
3 important that you discharge your duties without discrimination. Thus, it would be improper for
4 you to consider any personal feelings you may have about Ms. Maxwell’s race, color, religious
5 beliefs, national ancestry, sexual orientation, gender identity, gender, economic circumstances, or
6 any other such factor. Similarly, it would be improper for you to consider any personal feelings
7 you may have about the race, color, religious beliefs, national ancestry, sexual orientation,
8 gender identity, gender, economic circumstances, or any other similar factor of any other witness
9 or anyone else involved in this case. Do not allow yourself to be influenced by personal likes or
10 dislikes, sympathy, prejudice, fear, public opinion, or biases, including unconscious biases.
11 Unconscious biases are stereotypes, attitudes, or preferences that people may consciously reject
12 but may be expressed without conscious awareness, control, or intention. Like conscious bias,
13 unconscious bias can affect how we evaluate information and make decisions. Finally, it also
14 would be improper for you to allow any feelings you might have about the nature of the crimes
15 charged to interfere with your decision-making process. Ms. Maxwell is entitled to a trial free
16 from prejudice and our judicial system cannot work unless you reach your verdict through a fair
17 and impartial consideration of the evidence.

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