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Extraction Summary
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People
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Locations
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Events
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Quotes
Document Information
Type:
Legal document
File Size:
713 KB
Summary
This document is a jury instruction (No. 35) from a federal criminal case (1:20-cr-00330-PAE), filed on December 19, 2021. It explains the second element of a conspiracy charge, requiring the Government to prove beyond a reasonable doubt that the defendant, Ms. Maxwell, knowingly and willfully joined the conspiracy. The instruction defines these terms as deliberate and purposeful actions, distinguishing them from mistake, negligence, or carelessness, and notes that knowledge must be inferred from evidence.
People (1)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Mentioned throughout as the individual who must be proven to have knowingly and willfully participated in a conspiracy.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Government | Government agency |
The prosecuting party that must prove its case against Ms. Maxwell beyond a reasonable doubt.
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Relationships (1)
The document describes the Government's burden of proof against Ms. Maxwell in a criminal trial.
Key Quotes (2)
"An act is done “knowingly” and “willfully” if it is done deliberately and purposely—that is, Ms. Maxwell’s actions must have been her conscious objective rather than a product of a mistake or accident, mere negligence, or some other innocent reason."Source
— The Court/Judge
(Defining the legal terms 'knowingly' and 'willfully' for the jury as part of Instruction No. 35.)
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Quote #1
"Science has not yet devised a manner of looking into a person’s mind and knowing what that person is thinking. However, you do have before you the evidence of certain acts and conversations"Source
— The Court/Judge
(Instructing the jury that knowledge must be inferred from evidence, as direct access to a person's thoughts is impossible.)
DOJ-OGR-00008753.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (2,082 characters)
Case 1:20-cr-00330-PAE Document 565 Filed 12/19/21 Page 47 of 83
1 Instruction No. 35: Counts One, Three, and Five: Conspiracy to Violate Federal Law –
2 Second Element: Membership in the Conspiracy
2 Second Element: Membership in the Conspiracy
3 With respect to each of Counts One, Three, and Five, if you conclude that the
4 Government has proven beyond a reasonable doubt that the relevant conspiracy existed, and that
5 the conspiracy had the object I just mentioned, then you must next consider the second element:
6 namely, whether Ms. Maxwell knowingly and willfully participated in the conspiracy knowing
7 its unlawful purpose and intending to further its unlawful objectives.
4 Government has proven beyond a reasonable doubt that the relevant conspiracy existed, and that
5 the conspiracy had the object I just mentioned, then you must next consider the second element:
6 namely, whether Ms. Maxwell knowingly and willfully participated in the conspiracy knowing
7 its unlawful purpose and intending to further its unlawful objectives.
8 In order to satisfy the second element of Counts One, Three, or Five, the Government
9 must prove beyond a reasonable doubt that Ms. Maxwell knowingly and willfully entered into
10 the conspiracy charged in the particular count with a criminal intent—that is, with a purpose to
11 violate the law—and that she agreed to take part in the conspiracy to further promote and
12 cooperate in its unlawful objective.
9 must prove beyond a reasonable doubt that Ms. Maxwell knowingly and willfully entered into
10 the conspiracy charged in the particular count with a criminal intent—that is, with a purpose to
11 violate the law—and that she agreed to take part in the conspiracy to further promote and
12 cooperate in its unlawful objective.
13 “Willfully” and “Knowingly”
14 An act is done “knowingly” and “willfully” if it is done deliberately and purposely—that
15 is, Ms. Maxwell’s actions must have been her conscious objective rather than a product of a
16 mistake or accident, mere negligence, or some other innocent reason.
15 is, Ms. Maxwell’s actions must have been her conscious objective rather than a product of a
16 mistake or accident, mere negligence, or some other innocent reason.
17 To satisfy its burden of proof that Ms. Maxwell willfully and knowingly became a
18 member of a conspiracy to accomplish an unlawful purpose, the Government must prove beyond
19 a reasonable doubt that Ms. Maxwell knew that she was a member of an operation or conspiracy
20 to accomplish that unlawful purpose, and that her action of joining such an operation or
21 conspiracy was not due to carelessness, negligence, or mistake.
18 member of a conspiracy to accomplish an unlawful purpose, the Government must prove beyond
19 a reasonable doubt that Ms. Maxwell knew that she was a member of an operation or conspiracy
20 to accomplish that unlawful purpose, and that her action of joining such an operation or
21 conspiracy was not due to carelessness, negligence, or mistake.
22 Now, as I have said, knowledge is a matter of inference from the proven facts. Science
23 has not yet devised a manner of looking into a person’s mind and knowing what that person is
24 thinking. However, you do have before you the evidence of certain acts and conversations
23 has not yet devised a manner of looking into a person’s mind and knowing what that person is
24 thinking. However, you do have before you the evidence of certain acts and conversations
46
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