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Extraction Summary
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Document Information
Type:
Legal document
File Size:
659 KB
Summary
This is a page from a legal document, likely jury instructions, from case 1:20-cr-00330-PAE, filed on December 18, 2021. The text defines the legal standard for 'aiding and abetting,' explaining that for the defendant, Ms. Maxwell, to be found guilty, the Government must prove she knowingly and willfully participated in a crime to help it succeed, not merely that she was present or aware of it.
People (1)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Mentioned throughout 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.
|
Relationships (1)
The document outlines the legal requirements to prove Ms. Maxwell aided and abetted a crime committed by an unnamed 'other person'.
Full Extracted Text
Complete text extracted from the document (1,888 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 121 of 167
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?
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DOJ-OGR-00008659
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