Maine Jury Instruction - General Conspiracy Charge
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Hear this out loud PauseA person is guilty of criminal conspiracy if, with the intent that conduct be performed that in fact would constitute a crime or crimes, the actor agrees with one or more others to engage in or cause the performance of the conduct and the most serious crime that is the object of the conspiracy is: A. Murder.
Hear this out loud PauseMaine Rule 609 requires all convictions to pass a "reverse Rule 403 " test, i.e. they can be admitted only if their probative value as to credibility outweighs any danger of unfair prejudice to a criminal defendant or any civil party. There are minor differences in time limits and the Maine time bar is absolute.
Hear this out loud PauseA witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if such testimony will help the trier of fact to understand the evidence or to determine a fact in issue.
You must have 2 or more persons who 2. Intentionally 3. make an agreement 4. to violate federal law or defraud the United states, and then 5. Commit some overt act in furtherance of the agreement.
Federal Conspiracy Law Section 371) includes the following elements: Two or more persons conspire; To commit an offense against the United States, to defraud the United States, or any agency thereof; and. One (or more) of such persons do an act to effect the object of the conspiracy.
Hear this out loud PauseThe court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Effective conspiracy defense strategies can rely on proving that: You did not get involved in any agreement to commit a crime, so the conspiracy did not exist. You had no intent to commit a crime. You did not know the plan involved criminal activity. You withdrew your support from the conspiracy.
A conspiracy occurs when two or more people agree to commit an illegal act and take some step toward its completion. Conspiracy is an inchoate crime because it does not require that the illegal act actually have been completed.