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Legal document
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Summary
This legal document, filed on December 17, 2021, is Instruction No. 12 to a jury in a criminal case (Case 1:20-cr-00330-PAE). The instruction explains the legal difference between a 'conspiracy count,' which involves an agreement to commit a crime, and a 'substantive count,' which involves the actual commission of a crime. It clarifies that conspiracy is a separate, punishable offense even if the underlying crime is not completed, and outlines the order in which the jury will be instructed on the various counts in the indictment.
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Congress | Government agency |
Congress has deemed it appropriate to make conspiracy, standing alone, a separate crime, even if the object of the co...
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Timeline (1 events)
2021-12-17
A judge provides Instruction No. 12 to a jury, explaining the legal distinction between conspiracy counts and substantive counts in an indictment. The instruction also outlines the order in which the jury will be instructed on specific counts.
Courtroom (implied)
Judge (unnamed)
Jury (unnamed)
Key Quotes (3)
"A conspiracy to commit a crime is an entirely separate and different offense from the substantive crime which may be the object of the conspiracy."Source
— Judge (unnamed)
(Explaining the legal distinction between conspiracy and substantive crimes.)
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Quote #1
"The essence of the crime of conspiracy is an agreement or understanding to violate other laws."Source
— Judge (unnamed)
(Defining the core element of a conspiracy charge.)
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Quote #2
"By contrast, the substantive counts require proof that the crime charged was actually committed, but do not require proof of an agreement."Source
— Judge (unnamed)
(Defining the core element of a substantive charge.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (1,803 characters)
Case 1:20-cr-00330-PAE Document 562 Filed 12/17/21 Page 19 of 82
1 Instruction No. 12: Conspiracy and Substantive Counts
2 As I have just described, there are certain counts in the Indictment that are conspiracy
3 counts, while others are what are referred to as substantive counts. Unlike the conspiracy
4 charges, which allege agreements to commit certain offenses, the substantive counts are based on
5 the actual commission of offenses, or aiding others to actually commit offenses.
6 A conspiracy to commit a crime is an entirely separate and different offense from the
7 substantive crime which may be the object of the conspiracy. Congress has deemed it appropriate
8 to make conspiracy, standing alone, a separate crime, even if the object of the conspiracy is not
9 achieved. The essence of the crime of conspiracy is an agreement or understanding to violate
10 other laws. Thus, if a conspiracy exists, even if it fails, it is still punishable as a crime.
11 Consequently, in a conspiracy charge there is no need to prove that the crime that was the
12 objective of the conspiracy was actually committed.
13 By contrast, the substantive counts require proof that the crime charged was actually
14 committed, but do not require proof of an agreement. Of course, if a defendant both participates
15 in a conspiracy to commit a crime and then actually commits that crime, that defendant may be
16 guilty of both the conspiracy and the substantive crime, as I will instruct you shortly.
17 We will turn first to the substantive charges in the Indictment, which are more convenient
18 to consider before the conspiracy charges. Therefore I will instruct you first on Counts Two,
19 Four, and Six, and then I will instruct you on Counts One, Three, and Five.
18
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