Kansas Jury Instruction - Withdrawal From Conspiracy - For Use With General Conspiracy Charge
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Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
Withdrawal and Conspiracy In order to withdraw from a conspiracy, a co-conspirator must: Take an affirmative action withdrawing from the conspiracy; Timely communicate to all co-conspirators the withdrawal; and. Withdraw prior to the completion of the objective of the conspiracy.
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.
You must decide whether the conspiracy charged in the indictment existed, and, if it did, who at least some of its members were. If you find that the conspiracy charged did not exist, then you must return a not guilty verdict, even though you may find that some other conspiracy existed.
Conspiracy applies to both civil and criminal offenses. For example, you may conspire to commit murder, or conspire to commit fraud.
An example of a conspiracy charge could be two people that make an agreement to kill someone and buy the weapons to do it. They are charged with conspiracy, even if they never fully follow through on killing the person.
Like other inchoate crimes such as attempt, a defendant charged with conspiracy can raise the defense of abandonment or withdrawal. In order to do so, a defendant must show that they affirmatively communicated their withdrawal to their co-conspirators and took some positive action to withdraw from the conspiracy.