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Extraction Summary
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Organizations
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Locations
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Relationships
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Quotes
Document Information
Type:
Court document (jury instructions)
File Size:
623 KB
Summary
This document is page 19 of 83 from a court filing (Document 565) in Case 1:20-cr-00330-PAE (United States v. Ghislaine Maxwell), filed on December 19, 2021. It contains Instruction No. 12 regarding 'Conspiracy and Substantive Counts,' explaining the legal distinction between agreeing to commit a crime (conspiracy) and actually committing the crime (substantive). The text outlines that the jury will be instructed on substantive Counts Two, Four, and Six before conspiracy Counts One, Three, and Five.
People (2)
| Name | Role | Context |
|---|---|---|
| Presiding Judge | Judge |
The speaker ('I') issuing the instructions to the jury regarding legal definitions.
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| Defendant | Defendant |
Generic reference in legal instruction regarding guilt for conspiracy and substantive crimes.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| Congress |
Mentioned as the body that deemed it appropriate to make conspiracy a separate crime.
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| Department of Justice (DOJ) |
Inferred from the Bates stamp 'DOJ-OGR-00008725'.
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Timeline (1 events)
2021-12-19
Filing of Document 565 (Jury Instructions) in Case 1:20-cr-00330-PAE.
Court Record
Key Quotes (4)
"A conspiracy to commit a crime is an entirely separate and different offense from the substantive crime which may be the object of the conspiracy."Source
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Quote #1
"The essence of the crime of conspiracy is an agreement or understanding to violate other laws."Source
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Quote #2
"Thus, if a conspiracy exists, even if it fails, it is still punishable as a crime."Source
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Quote #3
"Therefore I will instruct you first on Counts Two, Four, and Six, and then I will instruct you on Counts One, Three, and Five."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,921 characters)
Case 1:20-cr-00330-PAE Document 565 Filed 12/19/21 Page 19 of 83
1 Instruction No. 12: Conspiracy and Substantive Counts
2 As I have just described, there are certain counts in the Indictment that are conspiracy
3 counts, while others are what are referred to as substantive counts. Unlike the conspiracy
4 charges, which allege agreements to commit certain offenses, the substantive counts are based on
5 the actual commission of offenses, or aiding others to actually commit offenses.
3 counts, while others are what are referred to as substantive counts. Unlike the conspiracy
4 charges, which allege agreements to commit certain offenses, the substantive counts are based on
5 the actual commission of offenses, or aiding others to actually commit offenses.
6 A conspiracy to commit a crime is an entirely separate and different offense from the
7 substantive crime which may be the object of the conspiracy. Congress has deemed it appropriate
8 to make conspiracy, standing alone, a separate crime, even if the object of the conspiracy is not
9 achieved. The essence of the crime of conspiracy is an agreement or understanding to violate
10 other laws. Thus, if a conspiracy exists, even if it fails, it is still punishable as a crime.
7 substantive crime which may be the object of the conspiracy. Congress has deemed it appropriate
8 to make conspiracy, standing alone, a separate crime, even if the object of the conspiracy is not
9 achieved. The essence of the crime of conspiracy is an agreement or understanding to violate
10 other laws. Thus, if a conspiracy exists, even if it fails, it is still punishable as a crime.
11 Consequently, in a conspiracy charge there is no need to prove that the crime that was the
12 objective of the conspiracy was actually committed.
12 objective of the conspiracy was actually committed.
13 By contrast, the substantive counts require proof that the crime charged was actually
14 committed, but do not require proof of an agreement. Of course, if a defendant both participates
15 in a conspiracy to commit a crime and then actually commits that crime, that defendant may be
16 guilty of both the conspiracy and the substantive crime, as I will instruct you shortly.
14 committed, but do not require proof of an agreement. Of course, if a defendant both participates
15 in a conspiracy to commit a crime and then actually commits that crime, that defendant may be
16 guilty of both the conspiracy and the substantive crime, as I will instruct you shortly.
17 We will turn first to the substantive charges in the Indictment, which are more convenient
18 to consider before the conspiracy charges. Therefore I will instruct you first on Counts Two,
19 Four, and Six, and then I will instruct you on Counts One, Three, and Five.
18 to consider before the conspiracy charges. Therefore I will instruct you first on Counts Two,
19 Four, and Six, and then I will instruct you on Counts One, Three, and Five.
18
DOJ-OGR-00008725
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