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659 KB
Extraction Summary
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People
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Organizations
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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:
659 KB
Summary
This legal document, filed on December 17, 2021, as part of case 1:20-cr-00330-PAE, provides jury instructions on the charge of aiding and abetting. It specifies that for the defendant, Ms. Maxwell, to be found guilty, the government must prove she willfully and knowingly took action to help another person's crime succeed. The document explicitly states that mere presence at the scene or knowledge of the crime is insufficient for a conviction.
People (1)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Mentioned throughout the document as the defendant charged with aiding and abetting a crime.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
Mentioned as the entity that must prove the Defendant's guilt.
|
Timeline (1 events)
Relationships (1)
The document describes the legal standard for determining if Ms. Maxwell aided and abetted a crime committed by 'another person'.
Key Quotes (3)
"To aid or abet another to commit a crime, it is necessary that the Government prove that the Defendant willfully and knowingly associated herself in some way with the crime committed by the other person and willfully and knowingly sought by some act to help the crime succeed."Source
— The Court/Document
(This quote outlines the legal requirements for proving someone is guilty of aiding and abetting.)
DOJ-OGR-00008495.jpg
Quote #1
"However, let me caution you that the mere presence of the defendant where a crime is being committed, even when coupled with knowledge by the defendant that a crime is being committed, or the mere acquiescence by a defendant in the criminal conduct of others, even with guilty knowledge, is not sufficient to make the defendant guilty under this approach of aiding and abetting."Source
— The Court/Document
(This quote clarifies that passive involvement or knowledge is not enough to convict for aiding and abetting.)
DOJ-OGR-00008495.jpg
Quote #2
"Such a defendant would be guilty under this approach of aiding and abetting only if, in addition to knowing of the criminal activity, she actually took actions intended to help it succeed."Source
— The Court/Document
(This quote specifies that active, intentional participation is required for a conviction of aiding and abetting.)
DOJ-OGR-00008495.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,886 characters)
Case 1:20-cr-00330-PAE Document 562 Filed 12/17/21 Page 39 of 82
1 offense with which Ms. Maxwell is charged, and that Ms. Maxwell aided, abetted, counseled,
2 commanded, induced or procured that person to commit the crime.
3 As you can see, the first requirement is that another person has committed the crime
4 charged. Obviously, no one can be convicted of aiding and abetting the criminal acts of another
5 if no crime was committed by the other person. But if you do find that a crime was committed,
6 then you must consider whether Ms. Maxwell aided or abetted the commission of the crime.
7 To aid or abet another to commit a crime, it is necessary that the Government prove that
8 the Defendant willfully and knowingly associated herself in some way with the crime committed
9 by the other person and willfully and knowingly sought by some act to help the crime succeed.
10 However, let me caution you that the mere presence of the defendant where a crime is
11 being committed, even when coupled with knowledge by the defendant that a crime is being
12 committed, or the mere acquiescence by a defendant in the criminal conduct of others, even with
13 guilty knowledge, is not sufficient to make the defendant guilty under this approach of aiding
14 and abetting. Such a defendant would be guilty under this approach of aiding and abetting only
15 if, in addition to knowing of the criminal activity, she actually took actions intended to help it
16 succeed.
17 An aider and abettor must know that the crime is being committed and act in a way that is
18 intended to bring about the success of a criminal venture.
19 To determine whether Ms. Maxwell aided or abetted the commission of the crime with
20 which she is charged, ask yourself these questions:
21 1. Did the Defendant participate in the crime charged as something she wished to
22 bring about?
2 commanded, induced or procured that person to commit the crime.
3 As you can see, the first requirement is that another person has committed the crime
4 charged. Obviously, no one can be convicted of aiding and abetting the criminal acts of another
5 if no crime was committed by the other person. But if you do find that a crime was committed,
6 then you must consider whether Ms. Maxwell aided or abetted the commission of the crime.
7 To aid or abet another to commit a crime, it is necessary that the Government prove that
8 the Defendant willfully and knowingly associated herself in some way with the crime committed
9 by the other person and willfully and knowingly sought by some act to help the crime succeed.
10 However, let me caution you that the mere presence of the defendant where a crime is
11 being committed, even when coupled with knowledge by the defendant that a crime is being
12 committed, or the mere acquiescence by a defendant in the criminal conduct of others, even with
13 guilty knowledge, is not sufficient to make the defendant guilty under this approach of aiding
14 and abetting. Such a defendant would be guilty under this approach of aiding and abetting only
15 if, in addition to knowing of the criminal activity, she actually took actions intended to help it
16 succeed.
17 An aider and abettor must know that the crime is being committed and act in a way that is
18 intended to bring about the success of a criminal venture.
19 To determine whether Ms. Maxwell aided or abetted the commission of the crime with
20 which she is charged, ask yourself these questions:
21 1. Did the Defendant participate in the crime charged as something she wished to
22 bring about?
38
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