Michigan Jury Instruction - Withdrawal From Conspiracy - For Use With General Conspiracy Charge
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FAQ
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.
Conspiracy applies to both civil and criminal offenses. For example, you may conspire to commit murder, or conspire to commit fraud.
The Model Penal Code recognizes withdrawal as an affirmative defense to a conspiracy charge, but requires that the putative conspirator must have "thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose." Model Penal Code § 5.03(6).
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.
If after considering all of the evidence, including any evidence that another person committed the offense, you have a reasonable doubt that the defendant committed the offense, you must find the defendant not guilty. Motive is not an element of the crime charged and need not be proven by the prosecution.
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.