Maine Jury Instruction - Multiple Conspiracies - For Use With General Conspiracy Charge
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FAQ
Not all circuits have published jury instructions: the Second and Fourth Circuits do not. The United States Court of Appeals for the Federal Circuit is a unique court in that it has nationwide jurisdiction in a variety of subject areas. Appeals are heard by panels comprised of three judges.
California Penal Code Section 182 PC: Conspiracy The defendant intentionally entered into an agreement with another person or persons to commit a crime. The defendant committed an overt act in furtherance of this agreement. The overt act was committed in California.
The government must prove two types of intent beyond a reasonable doubt before [defendant] can be said to have willfully joined the conspiracy: an intent to agree and an intent, whether reasonable or not, that the underlying crime be committed.
For instance, a group of individuals can be convicted of conspiracy to commit burglary even if the actual burglary never happens. Conspiracy is also unique in that, unlike attempt, a defendant can be charged with both conspiracy to commit a crime, and the crime itself if the crime is completed.
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.
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 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.
To prove that a person is guilty of drug conspiracy charges, the government must have sufficient evidence of two things: (1) there was an agreement between two or more people to violate a federal drug law; and (2) each alleged conspirator knew of the unlawful agreement and joined in it.