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610 KB
Extraction Summary
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People
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
610 KB
Summary
This document is a jury instruction (No. 38) from a criminal case (1:20-cr-00330-PAE), filed on December 18, 2021. It outlines the legal principle of co-conspirator liability for Counts One, Three, and Five, explaining that the actions and statements of one member of a conspiracy can be legally attributed to all other members, including the defendant, even if performed without the defendant's direct knowledge. The instruction directs the jury that they must first establish the existence of the conspiracy and that the acts were in furtherance of it before using such evidence to determine the defendant's guilt.
People (2)
| Name | Role | Context |
|---|---|---|
| Defendant | Defendant |
The subject of the jury instruction, against whom the acts and statements of co-conspirators may be considered as evi...
|
| Co-Conspirators | Member of a conspiracy |
Individuals whose acts, declarations, and statements made in furtherance of a conspiracy are deemed to be the acts of...
|
Timeline (2 events)
Filing of Document 563 in Case 1:20-cr-00330-PAE, which contains jury instructions.
The document describes the legal framework for a conspiracy, an agreement to accomplish an unlawful end, which is central to Counts One, Three, and Five of an Indictment.
Relationships (1)
The document states that members of a conspiracy become 'agents or partners of one another' and that the acts of co-conspirators can be considered as evidence against the Defendant.
Key Quotes (3)
"When people enter into a conspiracy to accomplish an unlawful end, they become agents or partners of one another in carrying out the conspiracy."Source
— The Court (in an instruction to the jury)
(This is the opening sentence of Instruction No. 38, establishing the legal principle of co-conspirator liability.)
DOJ-OGR-00008674.jpg
Quote #1
"All of the members are responsible for such acts, declarations, statements, and omissions."Source
— The Court (in an instruction to the jury)
(This sentence summarizes the core concept of shared liability among members of a conspiracy.)
DOJ-OGR-00008674.jpg
Quote #2
"However, before you may consider the statements or acts of a co-conspirator in deciding the issue of the Defendant’s guilt, you must first determine that the acts and statements were made during the existence and in furtherance of the unlawful scheme."Source
— The Court (in an instruction to the jury)
(This provides a critical condition that the jury must satisfy before applying the principle of co-conspirator liability against the Defendant.)
DOJ-OGR-00008674.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,654 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 136 of 167
Instruction No. 38: Counts One, Three, and Five – Liability for Acts and Declarations of Co-Conspirators
When people enter into a conspiracy to accomplish an unlawful end, they become agents or partners of one another in carrying out the conspiracy. Accordingly, the reasonably foreseeable acts, declarations, statements, and omissions of any member of the conspiracy and in furtherance of the common purpose of the conspiracy are deemed under the law to be the acts of all of the members. All of the members are responsible for such acts, declarations, statements, and omissions.
If you find beyond a reasonable doubt that the Defendant knowingly and willfully participated in the conspiracy charged in the Indictment, then any acts done or statements made in furtherance of the conspiracy by persons also found by you to have been members of that conspiracy may be considered against the Defendant. This is so even if such acts were done and statements were made in the Defendant’s absence and without her knowledge. However, before you may consider the statements or acts of a co-conspirator in deciding the issue of the Defendant’s guilt, you must first determine that the acts and statements were made during the existence and in furtherance of the unlawful scheme. If the acts were done or the statements made by someone whom you do not find to have been a member of the conspiracy at the time of the acts or statements, or if they were not done or said in furtherance of the conspiracy, they may not be considered by you as evidence against the Defendant.
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DOJ-OGR-00008674
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