Florida Uncorroborated Testimony of Accomplice

State:
Multi-State
Control #:
US-00892
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury to regard certain testimony with hightened suspicion. Care must be taken that the language of the instruction is proper in your state and not subject to reversal on appeal.

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FAQ

"A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime."

An accomplice is defined as a person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime.

For example, if Chuck hires Lucy to be a lookout and a getaway driver, and then they commit the crime, Chuck is the principal and Lucy is an accomplice. Why? Because she drove to the scene, stayed there to look out for the police, and then drove Chuck away.

An accomplice is a competent witness provided he is not a co accused under trial in the same case. But such competency which has been conferred on him by a process of law does not divest him of the character of an accused.

An ?accomplice? means a witness in a criminal action who, ing to evidence adduced in such action, may reasonably be considered to have participated in: (a) The offense charged; or (b) An offense based upon the same or some of the same facts or conduct which constitute the offense charged. 3.

An ?accomplice witness? is someone who is both a witness to a crime and an accomplice in that same crime; one who participates with the defendant before, during, or after the commission of the crime.

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Florida Uncorroborated Testimony of Accomplice