California Jury Instruction — Pinkerton Instruction is a legal guideline that explains the principles and requirements for holding an individual responsible for the criminal acts of another person. This instruction is primarily used in conspiracy cases where one defendant is alleged to have participated in a criminal conspiracy while another defendant committed the actual crime. The Pinkerton Instruction derives its name from the landmark 1946 U.S. Supreme Court case, Pinkerton v. United States, which established the rule that a conspirator can be held responsible for the reasonably foreseeable crimes committed by a co-conspirator during the course and in furtherance of the conspiracy, even if they did not personally participate in or know about the specific offense. This instruction is essential for prosecutors to prove guilt beyond a reasonable doubt, as it allows them to demonstrate that the defendant can be held accountable for the actions of their co-conspirators. It is crucial to note that the Pinkerton Instruction only applies when the alleged crime was committed in furtherance of the conspiracy and was reasonably foreseeable. Within California, there are different types of Pinkerton Instructions applicable to various scenarios and charges. Some of these variations include: 1. Pinkerton Instruction for Conspiracy: This instruction is used when a defendant is charged with conspiracy and the prosecution seeks to establish that the defendant is responsible for the substantive offenses committed by their co-conspirators. It outlines the elements necessary to convict the defendant under the Pinkerton theory. 2. Pinkerton Instruction for Murder: This instruction specifically applies to cases where a defendant is accused of participating in a murder conspiracy. It explains that if the jury finds the defendant guilty of the conspiracy charge, they can also find them guilty of the murder(s) committed by their co-conspirator(s) during the conspiracy. 3. Pinkerton Instruction for Drug Trafficking: In drug trafficking cases, the Pinkerton Instruction is crucial in attributing the illegal acts of co-conspirators to the defendant. This instruction explains that if the jury finds the defendant guilty of conspiring to traffic drugs, they can also find them guilty of the specific drug offenses committed by their co-conspirators. The use of Pinkerton Instructions varies depending on the facts and circumstances of each case. It is important for both prosecutors and defense attorneys to thoroughly understand these instructions to present their arguments effectively and ensure a fair trial. Compliance with the Pinkerton Instruction is crucial to maintain the integrity of the justice system while accurately assigning liability for criminal actions.
California Jury Instruction - Pinkerton Instruction
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The rules are commonly referred to as CACI (pronounced "Casey"). The preceding civil jury instructions, called BAJI (for Book of Approved Jury Instructions) is no longer approved by state court rules. For criminal jury instructions, the approved instructions are CALCRIM (for California Criminal Jury Instructions).
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
There are two types of evidence; namely, direct evidence and circumstantial evidence. In this case, the People contend that there is circumstantial evidence of the defendant's guilt.
The CACI (pronounced ?kay-see?) set is California's ?official? set of plain-English instructions, published by the California Judicial Council. They are not mandatory. Electronic Access: On the Law Library's computers, using Lexis Advance.
Book of Approved Jury Instructions (BAJI) has been recognized for more than 50 years as the source for civil jury instructions in California. The instructions have been tested in court, and judges and lawyers are familiar with them.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
California Civil Jury Instruction 3113 addresses recklessness as a high probability that a person's conduct would cause harm, and he or she knowingly disregarded this risk.
CALCRIM number 224 states that, ?before your may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the evidence is that defendant is guilty.
Scott requested the court give CACI No. 413 which states: "You may consider customs or practices in the community in deciding whether defendant acted reasonably. Customs and practices do not necessarily determine what a reasonable person would have done in defendant's situation.