South Carolina Uncorroborated Testimony of Accomplice

State:
Multi-State
Control #:
US-00892
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury to regard certain testimony with hightened suspicion. Care must be taken that the language of the instruction is proper in your state and not subject to reversal on appeal.

How to fill out Uncorroborated Testimony Of Accomplice?

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FAQ

To prevent the accomplice from shifting blame for their own actions and from providing false testimony to minimize their own wrongful conduct, California Penal Code § 1111 was enacted to require that testimony from an accomplice must be corroborated in order to be admissible at trial.

"A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime."

Under an accomplice liability theory, you can be convicted of crimes that you did not intend to commit if an accomplice commits a crime that was a ?natural and probable consequence? of the crime that you did intend to commit.

An ?accomplice? means a witness in a criminal action who, ing to evidence adduced in such action, may reasonably be considered to have participated in: (a) The offense charged; or (b) An offense based upon the same or some of the same facts or conduct which constitute the offense charged. 3.

The court may presume that an accomplice is unworthy of any credit unless corroborated in material particulars, as per Section 114 of the Indian Evidence Act.

The rule states that: A conviction based on the uncorroborated testimony of an accomplice is not illegal but ing to prudence it is not safe to rely upon uncorroborated evidence of an accomplice and thus judges and juries must exercise extreme caution and care while considering uncorroborated accomplice evidence.

An accomplice is a competent witness provided he is not a co accused under trial in the same case. But such competency which has been conferred on him by a process of law does not divest him of the character of an accused.

An accomplice witness may be convicted of criminal attempt even if the crime was neither committed nor attempted by another, so long as the purpose of their conduct is to aid another in commission of the offense and such assistance would have made them an accomplice if the offense were committed or attempted.

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South Carolina Uncorroborated Testimony of Accomplice