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A specific unanimity instruction is not required to distinguish an aiding and abetting theory of liability from the underlying substantive crime. Does the unanimity instruction apply in cases where multiple theories or acts may form the basis of a guilty verdict on one discrete crime?Homicide. Jury unanimity issues have arisen in all types of homicide cases. Louisiana, the U.S. Supreme Court held that the Constitution requires unanimous jury verdicts in state criminal trials. The unanimity theory is an account of property-level causation requiring that causes raise the probability of their effects in specified test situations. 2482. Participation in the crime as an aider or abettor;. 3. Liability under a Pinkerton theory. But you must unanimously agree that the Commonwealth has proved that the defendant committed the offense on at least one of the specific occasions. The Coase Theorem and the Theory of the State.