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Quotes
Document Information
Type:
Legal document
File Size:
437 KB
Summary
This legal document is a jury instruction (Instruction No. 37) from a federal criminal case, filed on December 19, 2021. It details the fourth element the prosecution must prove for a conspiracy charge: that an 'overt act' was knowingly committed by a conspirator to advance the unlawful agreement. The instruction clarifies that this act does not need to be inherently criminal, as even a seemingly innocent action can qualify if it is part of the broader conspiratorial scheme.
Organizations (1)
| Name | Type | Context |
|---|---|---|
| The Government | Government agency |
Mentioned as the prosecuting party that must prove the elements of the crime beyond a reasonable doubt.
|
Timeline (2 events)
2021-12-19
Filing of Document 565, Instruction No. 37, in case 1:20-cr-00330-PAE.
The document describes the legal requirements for proving a conspiracy to violate federal law, specifically the 'fourth element' which is the commission of an overt act.
The Government
conspirator
Relationships (1)
The document outlines the burden of proof the Government has to meet to convict a conspirator.
Key Quotes (2)
"The fourth, and final, element which the Government must prove beyond a reasonable doubt is that the overt act was committed for the purpose of carrying out the unlawful agreement."Source
— The Court (implied)
(This quote defines the fourth element of conspiracy that the jury must consider.)
DOJ-OGR-00008759.jpg
Quote #1
"Frequently, however, an apparently innocent act sheds its harmless character if it is a step in carrying out, promoting, aiding or assisting the conspiratorial scheme."Source
— The Court (implied)
(This quote explains to the jury how a lawful act can be considered an 'overt act' in furtherance of a conspiracy.)
DOJ-OGR-00008759.jpg
Quote #2
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