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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:
Court document (jury instructions)
File Size:
572 KB
Summary
This document is a page from the jury instructions (Instruction No. 40) for the trial of Ghislaine Maxwell (Case 1:20-cr-00330-PAE), filed on December 19, 2021. It defines the legal concept of 'Venue' within the Southern District of New York and lists the specific counties included in that jurisdiction. The instruction clarifies that the Government must prove venue by a 'preponderance of the evidence' rather than 'beyond a reasonable doubt,' stating that Maxwell must be acquitted of any specific offense if venue is not established for it.
People (2)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Subject of potential acquittal if venue is not proven
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| The Government | Prosecution |
Party bearing the burden of proof regarding venue
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District of New York |
Federal judicial district where the trial is held
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| DOJ |
Department of Justice (inferred from footer DOJ-OGR)
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Locations (9)
| Location | Context |
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Jurisdiction encompassing specific counties
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Manhattan
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County in SDNY
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County in SDNY
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County in SDNY
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County in SDNY
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County in SDNY
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County in SDNY
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County in SDNY
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Relationships (1)
Government bears burden of proof to convict Ms. Maxwell
Key Quotes (2)
"On the issue of venue—and this alone—the Government need not prove venue beyond a reasonable doubt, but only by a mere preponderance of the evidence."Source
DOJ-OGR-00008763.jpg
Quote #1
"If, on the other hand, you find that the Government has failed to prove the venue requirement as to a particular offense, then you must acquit Ms. Maxwell of that offense, even if all the other elements of the offense are proven."Source
DOJ-OGR-00008763.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,813 characters)
Case 1:20-cr-00330-PAE Document 565 Filed 12/19/21 Page 57 of 83
1 Instruction No. 40: Venue
2 With respect to each of the counts in the indictment, you must also consider the issue of
3 venue, namely, whether any act in furtherance of the unlawful activity charged in that count
4 occurred within the Southern District of New York. The Southern District of New York
5 encompasses the following counties: New York County (i.e., Manhattan), Bronx, Westchester,
6 Rockland, Putnam, Dutchess, Orange and Sullivan Counties. Anything that occurs in any of
7 those places occurs in the Southern District of New York.
8 Venue must be examined separately for each count in the Indictment. Venue on one
9 count does not establish venue on another count, though if applicable, you may rely on the same
10 evidence to establish venue on multiple counts.
11 On the issue of venue—and this alone—the Government need not prove venue beyond a
12 reasonable doubt, but only by a mere preponderance of the evidence. A “preponderance of the
13 evidence” means more likely than not. Thus, the Government, which does bear the burden of
14 proving venue, has satisfied that burden as to venue if you conclude that it is more likely than not
15 that some act in furtherance of each charged offense occurred in the Southern District of New
16 York. If, on the other hand, you find that the Government has failed to prove the venue
17 requirement as to a particular offense, then you must acquit Ms. Maxwell of that offense, even if
18 all the other elements of the offense are proven.
2 With respect to each of the counts in the indictment, you must also consider the issue of
3 venue, namely, whether any act in furtherance of the unlawful activity charged in that count
4 occurred within the Southern District of New York. The Southern District of New York
5 encompasses the following counties: New York County (i.e., Manhattan), Bronx, Westchester,
6 Rockland, Putnam, Dutchess, Orange and Sullivan Counties. Anything that occurs in any of
7 those places occurs in the Southern District of New York.
8 Venue must be examined separately for each count in the Indictment. Venue on one
9 count does not establish venue on another count, though if applicable, you may rely on the same
10 evidence to establish venue on multiple counts.
11 On the issue of venue—and this alone—the Government need not prove venue beyond a
12 reasonable doubt, but only by a mere preponderance of the evidence. A “preponderance of the
13 evidence” means more likely than not. Thus, the Government, which does bear the burden of
14 proving venue, has satisfied that burden as to venue if you conclude that it is more likely than not
15 that some act in furtherance of each charged offense occurred in the Southern District of New
16 York. If, on the other hand, you find that the Government has failed to prove the venue
17 requirement as to a particular offense, then you must acquit Ms. Maxwell of that offense, even if
18 all the other elements of the offense are proven.
56
DOJ-OGR-00008763
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