DOJ-OGR-00017248.jpg
631 KB
Extraction Summary
3
People
3
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
631 KB
Summary
This document is a page from a court transcript (Case 1:20-cr-00330-PAE) filed on August 10, 2022, containing a judge's instructions to a jury. The judge explains the legal standards for considering the acts of a coconspirator as evidence against the defendant and defines the concept of "conscious avoidance," where a person can be found to have acted knowingly if they deliberately ignored obvious facts.
People (3)
| Name | Role | Context |
|---|---|---|
| the defendant | Defendant |
The subject of the jury instructions, referred to with the pronoun 'her'.
|
| coconspirator | Coconspirator |
An individual whose statements or acts may be considered as evidence against the defendant under certain conditions.
|
| I | Judge |
The speaker providing instructions to the jury, as in 'As I've already defined that term'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page, likely the court reporting agency that transcribed the proceedings.
|
| the government | Government agency |
Mentioned as the party required to prove the defendant acted knowingly.
|
| DOJ-OGR | Government agency |
Part of a document identifier number (DOJ-OGR-00017248) in the footer, likely referring to the Department of Justice.
|
Timeline (1 events)
2022-08-10
A judge is giving instructions to a jury regarding how to consider evidence from a coconspirator and the legal concept of 'Conscious Avoidance' (Instruction No. 39).
Southern District
Locations (1)
| Location | Context |
|---|---|
|
Implied location of the court, based on the name 'SOUTHERN DISTRICT REPORTERS, P.C.'
|
Relationships (1)
The document outlines the legal relationship within a conspiracy, where the acts of a coconspirator can be used as evidence against the defendant if certain criteria are met.
Key Quotes (3)
"before you may consider the statements or act of a coconspirator in deciding the issue of the defendant's guilt, you must first determine that the acts and statements were made during the existence and if in furtherance of the unlawful scheme."Source
— Judge
(Instructing the jury on the conditions required to consider a coconspirator's actions as evidence.)
DOJ-OGR-00017248.jpg
Quote #1
"Instruction No. 39: Conscious Avoidance."Source
— Judge
(Introducing a specific legal instruction to the jury.)
DOJ-OGR-00017248.jpg
Quote #2
"in determining whether the defendant acted knowingly, you may also consider whether the defendant deliberately closed her eyes to what otherwise would have been obvious."Source
— Judge
(Defining the concept of 'conscious avoidance' as a way to establish that the defendant acted knowingly.)
DOJ-OGR-00017248.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,587 characters)
Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 227 of 257 3061
LCKCmax9 Charge
LCKCmax9 Charge
1 acts were done and statements were made in the defendant's
2 absence and without her knowledge. However, before you may
3 consider the statements or act of a coconspirator in deciding
4 the issue of the defendant's guilt, you must first determine
5 that the acts and statements were made during the existence and
6 if in furtherance of the unlawful scheme. If the acts were
7 done or the statements made by someone whom you do not find to
8 have been a member of the conspiracy at the time of the acts or
9 statements or if they were not done or said in furtherance of
10 the conspiracy, they may not be considered by you as evidence
11 against the defendant.
12 Instruction No. 39: Conscious Avoidance.
13 This includes my instruction on the crimes charged in
14 the indictment, but before I move on to my remaining
15 instructions, I want to instruct you on the instruction of
16 conscious avoidance.
17 Each of the counts charged in the indictment requires
18 the government to prove the defendant acted knowingly. As I've
19 already defined that term, if a person is actually aware of a
20 fact, then she knows that fact, but in determining whether the
21 defendant acted knowingly, you may also consider whether the
22 defendant deliberately closed her eyes to what otherwise would
23 have been obvious.
24 To be clear, the necessary knowledge on the part of
25 the defendant with respect to any particular charge cannot be
2 absence and without her knowledge. However, before you may
3 consider the statements or act of a coconspirator in deciding
4 the issue of the defendant's guilt, you must first determine
5 that the acts and statements were made during the existence and
6 if in furtherance of the unlawful scheme. If the acts were
7 done or the statements made by someone whom you do not find to
8 have been a member of the conspiracy at the time of the acts or
9 statements or if they were not done or said in furtherance of
10 the conspiracy, they may not be considered by you as evidence
11 against the defendant.
12 Instruction No. 39: Conscious Avoidance.
13 This includes my instruction on the crimes charged in
14 the indictment, but before I move on to my remaining
15 instructions, I want to instruct you on the instruction of
16 conscious avoidance.
17 Each of the counts charged in the indictment requires
18 the government to prove the defendant acted knowingly. As I've
19 already defined that term, if a person is actually aware of a
20 fact, then she knows that fact, but in determining whether the
21 defendant acted knowingly, you may also consider whether the
22 defendant deliberately closed her eyes to what otherwise would
23 have been obvious.
24 To be clear, the necessary knowledge on the part of
25 the defendant with respect to any particular charge cannot be
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017248
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