The Wisconsin Jury Instruction — Pinkerton Instruction is a crucial legal guideline used in criminal cases to explain the Pinkerton doctrine, which holds individuals responsible for the foreseeable crimes committed by their co-conspirators. Furthermore, it clarifies the criteria that must be met to convict someone of a crime under this doctrine. The Pinkerton doctrine is named after the landmark Supreme Court case 'Pinkerton v. United States,' and it states that once individuals become part of a conspiracy, they are liable for all crimes committed in furtherance of that conspiracy, even if they did not directly participate in or have knowledge of those specific crimes. In Wisconsin, there are different types of Pinkerton Instructions that a jury may receive, depending on the circumstances of the case. One such instruction may outline the elements required to find a defendant guilty under the Pinkerton doctrine. These elements often include proving the defendant's membership in a conspiracy, the existence of a co-conspirator's criminal act committed in furtherance of the conspiracy, and the foreseeability of the co-conspirator's crime. Another type of Pinkerton Instruction in Wisconsin may focus on the specific intent required for a defendant to be convicted. It may emphasize that the defendant must have intentionally participated in and furthered the conspiracy to hold them responsible for crimes committed by their co-conspirators. It is important to note that the application of Pinkerton Instructions varies depending on the facts and evidence presented in each case, making it essential for the jury to carefully consider the evidence and apply the instructions accordingly. The instructions provided by the court guide the jury's decision-making process and ensure fairness and consistency in the application of the law. In summary, the Wisconsin Jury Instruction — Pinkerton Instruction is a vital legal guideline that assists juries in determining the liability of individuals for crimes committed by their co-conspirators. It provides a framework to establish guilt based on the Pinkerton doctrine and serves as a tool to ensure a thorough evaluation of the evidence presented in criminal cases involving conspiracies.
Wisconsin Jury Instruction - Pinkerton Instruction
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If you are satisfied beyond a reasonable doubt that the defendant (drove) (operated) a motor vehicle on a highway while under the influence of an intoxicant, you should find the defendant guilty of Count 1. If you are not so satisfied, you must find the defendant not guilty of Count 1.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
The judge instructs the jury that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
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.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.