The Maryland Jury Instruction — Pinkerton Instruction is a crucial legal guideline provided to juries in Maryland during criminal trials. It pertains to the concept of accomplice liability, specifically in cases involving the Pinkerton doctrine. The Pinkerton Instruction is primarily based on a United States Supreme Court decision, Pinkerton v. United States (1946). It holds that individuals involved in a conspiracy can be held responsible for the foreseeable criminal acts committed by their co-conspirators while pursuing the shared goal of the conspiracy. In Maryland, the Pinkerton Instruction provides clear guidance to juries regarding the liability of defendants in conspiracy cases. It explains that if the defendant was involved in a conspiracy and the criminal act committed by a co-conspirator was a foreseeable consequence of the conspiracy, the defendant can be held accountable for that act as well. The Maryland Jury Instruction distinguishes between two types of defendants in the Pinkerton context: the "principal" and the "accomplice." The principal is the individual who directly commits the criminal act, while the accomplice is one who conspires with the principal and aids or abets the commission of the crime. In cases where the principal commits a crime that was within the scope of the conspiracy, the Pinkerton Instruction allows the jury to find the defendant accomplice guilty of that crime as well. However, the instruction also clarifies that the defendant must have had knowledge of the criminal act or acts committed by the co-conspirator(s) and that those acts were reasonably foreseeable. Additionally, Maryland recognizes that the defendant's withdrawal from the conspiracy before the criminal act was committed can absolve them from Pinkerton liability. The jury instruction highlights that if the defendant effectively communicated their withdrawal from the conspiracy and took action to prevent the crime, they cannot be held liable for subsequent criminal acts committed by their former co-conspirators. Overall, the Maryland Jury Instruction — Pinkerton Instruction aims to ensure a fair and just evaluation of a defendant's involvement and liability in conspiracy cases. By providing juries with comprehensive guidance on the Pinkerton doctrine and its applicability, it aids in their decision-making process to uphold the principles of justice and accountability.
Maryland Jury Instruction - Pinkerton Instruction
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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.
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
CACI No. 1001. Basic Duty of Care A person who [owns/leases/occupies/contr. person fails to use reasonable care to keep. safe condition. ... must use reasonable care to discover any. replace, or give adequate warning of anything. expected to harm others. In deciding whether [name of defendant.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.