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Extraction Summary
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Locations
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Quotes
Document Information
Type:
Legal document
File Size:
726 KB
Summary
This document is a jury instruction (Instruction No. 30) from a federal criminal case, filed on December 18, 2021. It explains the legal concept of "aiding and abetting" as it applies to Counts Two, Four, and Six against the defendant, Ms. Maxwell. The instruction clarifies that the jury can find her guilty if she knowingly assisted another person in committing the crimes, even if she did not physically commit the acts herself.
People (1)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Mentioned as the defendant who can be found guilty of aiding and abetting if she assisted another person in committin...
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
The prosecuting party that must prove beyond a reasonable doubt that the defendant is guilty.
|
Timeline (1 events)
Relationships (1)
The document outlines the legal theory that Ms. Maxwell could be convicted if she "assisted another person or persons in committing the crime" or "aided and abetted that person to commit that crime."
Key Quotes (3)
"whoever “aids, abets, counsels, commands, induces, or procures” the commission of an offense is punishable as a principal."Source
— federal aiding and abetting statute
(A quote from the federal statute defining the actions that constitute aiding and abetting.)
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Quote #1
"it is not necessary for the Government to show that Ms. Maxwell herself physically committed the crime charged in order for you to find her guilty."Source
— The Court (implied)
(An instruction to the jury clarifying that direct commission of the crime is not required for a conviction on an aiding and abetting theory.)
DOJ-OGR-00008658.jpg
Quote #2
"a person who aids, abets, counsels, commands, induces, or procures the commission of a crime is just as guilty of that offense as if she committed it herself."Source
— The Court (implied)
(Explaining the legal principle that an aider and abettor is treated as a principal and is equally guilty.)
DOJ-OGR-00008658.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,137 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 120 of 167
1 Instruction No. 30: Counts Two, Four, and Six: Aiding and Abetting
2 In connection with the crimes charged in Counts Two, Four, and Six, the Defendant is
3 also charged with aiding and abetting the commission of those crimes. Aiding and abetting
4 liability is its own theory of criminal liability. In effect, it is a theory of liability that permits a
5 defendant to be convicted of a specified crime if the defendant, while not herself committing the
6 crime, assisted another person or persons in committing the crime. As to Counts Two, Four, and
7 Six, therefore, the Defendant can be convicted either if she committed the crime herself, or if
8 another person committed the crime and the Defendant aided and abetted that person to commit
9 that crime.
10 Under the federal aiding and abetting statute, whoever “aids, abets, counsels, commands,
11 induces, or procures” the commission of an offense is punishable as a principal. You should give
12 those words their ordinary meaning. A person aids or abets a crime if she knowingly does some
13 act for the purpose of aiding or encouraging the commission of that crime, with the intention of
14 causing the crime charged to be committed. To “counsel” means to give advice or recommend.
15 To “induce” means to lead or move by persuasion or influence as to some action or state of
16 mind. To “procure” means to bring about by unscrupulous or indirect means. To “cause” means
17 to bring something about, to effect something.
18 In other words, it is not necessary for the Government to show that Ms. Maxwell herself
19 physically committed the crime charged in order for you to find her guilty. This is because a
20 person who aids, abets, counsels, commands, induces, or procures the commission of a crime is
21 just as guilty of that offense as if she committed it herself. Accordingly, you may find Ms.
22 Maxwell guilty of the offenses charged in Counts Two, Four, and Six if you find beyond a
23 reasonable doubt that the Government has proven that another person actually committed the
2 In connection with the crimes charged in Counts Two, Four, and Six, the Defendant is
3 also charged with aiding and abetting the commission of those crimes. Aiding and abetting
4 liability is its own theory of criminal liability. In effect, it is a theory of liability that permits a
5 defendant to be convicted of a specified crime if the defendant, while not herself committing the
6 crime, assisted another person or persons in committing the crime. As to Counts Two, Four, and
7 Six, therefore, the Defendant can be convicted either if she committed the crime herself, or if
8 another person committed the crime and the Defendant aided and abetted that person to commit
9 that crime.
10 Under the federal aiding and abetting statute, whoever “aids, abets, counsels, commands,
11 induces, or procures” the commission of an offense is punishable as a principal. You should give
12 those words their ordinary meaning. A person aids or abets a crime if she knowingly does some
13 act for the purpose of aiding or encouraging the commission of that crime, with the intention of
14 causing the crime charged to be committed. To “counsel” means to give advice or recommend.
15 To “induce” means to lead or move by persuasion or influence as to some action or state of
16 mind. To “procure” means to bring about by unscrupulous or indirect means. To “cause” means
17 to bring something about, to effect something.
18 In other words, it is not necessary for the Government to show that Ms. Maxwell herself
19 physically committed the crime charged in order for you to find her guilty. This is because a
20 person who aids, abets, counsels, commands, induces, or procures the commission of a crime is
21 just as guilty of that offense as if she committed it herself. Accordingly, you may find Ms.
22 Maxwell guilty of the offenses charged in Counts Two, Four, and Six if you find beyond a
23 reasonable doubt that the Government has proven that another person actually committed the
37
DOJ-OGR-00008658
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