THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Aiding And Abetting
1. Accomplice
Liability; "Principal" And "Aider And Abettors" Defined
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Accomplice Liability; "Principal" And "Aider And Abettors" Defined
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A person need not actually commit a crime himself in order for the jury to find him guilty. A person who helps another commit a crime is just as guilty as the one who actually commits it.
The person who actually commits the crime is called the principal. Those who are guilty because they helped (him/her) commit it are called aiders and abettors.
AUTHORITIES:
First paragraph: Glass v. United States, 328 F.2d 754 (7th Cir.), cert. denied, 377 U.S. 983 (1964); United States v. Brunson, 657 F.2d 110 (7th Cir. 1981); United States v. Varelli, 407 F.2d 735 (7th Cir. 1969); Second paragraph: United States v. Brunson, 657 F.2d 110 (7th Cir. 1981); United States v. Beck, 615 F.2d 441 (7th Cir. 1980).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Conspirator As An Aider And Abettor
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A person who enters into a conspiracy to commit a crime is an aider and abettor of every crime committed by each member of the conspiracy during the existence of the conspiracy provided that the crimes were those which were the objects of the conspiracy. In other words, if during the course of and in furtherance of a conspiracy, one of its members commits a crime which was one of the objects of the conspiracy, each member of the conspiracy at that time could be convicted of aiding and abetting the commission of that crime whether or not anyone was charged with the crime of conspiracy.
AUTHORITIES:
United States v. Tilton, 610 F.2d 302 (5th Cir. 1980); United States v. Cryon, 490 F. Supp. 1234 (3d Cir.), aff'd., 636 F.2d 1211 (1980).
RELATED SHELLOW MATERIALS:
See also generally THE SHELLOW COLLECTION: Conspiracy.
See also THE SHELLOW COLLECTION: Conspiracy: Aiding And Abetting.
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
See generally NCJIC Chapter 83: Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Mere Interference With Apprehension Insufficient For Aider And Abettor Liability
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The government claims that __________ (name of defendant) aided and abetted the other defendants in their alleged __________ (crime, e.g., assaults on the victims). In order for him to be convicted as an aider and abettor, the government must prove beyond a reasonable doubt that in some manner (he/she) assisted other defendants in the commission of the offense. A person does not aid and abet the commission of an offense if he merely interferes with the apprehension of others who committed it. The acts of an aider and abettor must take place either before or during the commission of the offense in order for him to be liable for the acts of others.
AUTHORITY:
18 USC 3.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
See NCJIC 64.4 [Accomplice Liability: Knowledge, Intent And Act Must Precede The Crime].
See generally NCJIC Chapter 68: Accessory After The Fact.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Aiding And Abetting Conspiracy
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
A defendant may be found guilty of aiding and abetting only if it has been proven that he aided and abetted the commission of a substantive offense. A defendant cannot be convicted of aiding and abetting a conspiracy.
SAMPLE INSTRUCTION # 2:
A conspiracy is an agreement and not a group of persons. Accordingly, in order for a defendant to be proven guilty of aiding and abetting a conspiracy, the government must prove beyond a reasonable doubt that (he/she) aided and abetted the formation of the agreement. If all the government has proven is that a defendant aided and abetted acts by conspirators, the defendant must be found not guilty.
AUTHORITIES:
United States v. Townsend, 924 F.2d 1385, 1390 (7th Cir. 1991); People v. Strauch, 240 Ill. 60, 73 88 N.E. 155, 159 (1909).
RELATED SHELLOW MATERIALS:
See also generally THE SHELLOW COLLECTION: Conspiracy.
See also THE SHELLOW COLLECTION: Conspiracy: Aiding And Abetting.
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
See generally NCJIC Chapter 83: Conspiracy.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Aiding And Abetting First-Degree Murder: Factors To Consider
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
__________ (name of defendant) is charged with aiding and abetting __________ (name of third party) in committing the crime of first-degree murder. A person aids and abets first-degree murder when (he/she) (1) undertakes conduct, either verbal or overt action, which as a matter of objective fact aids another person in the execution of a first-degree murder, and further (2) (he/she) consciously desires or intends that his conduct will yield such assistance.
In deciding whether __________ (name of defendant) consciously desired or intended his conduct would assist __________ (name of third party) in a first-degree murder, as opposed to assisting __________ (name of third party) merely in [a] [an] ______________ (lesser crime e.g., armed robbery) or some other lesser crime, you must decide what acts __________ (name of defendant) intended. You may infer that a person intended the natural and probable consequences of (his/her) actions, but you are not required to draw that inference. You must therefore answer the following questions:
First, did __________’s (name of defendant) conduct as a matter of objective fact aid __________ (name of third party) in the performance of a first-degree murder?
Second, did __________ (name of defendant) consciously intend that (his/her) conduct would aid __________ (name of third party) in the commission of some crime? If so, you must agree unanimously upon which crime.
Third, was first-degree murder a natural and probable consequence of the crime __________ (name of defendant) consciously intended to aid?
Fourth, did __________ (name of defendant) in fact intend the natural and probable consequences of his actions?
If you can do so consistently with your obligation to hold on to your honest beliefs about the evidence, you should unanimously answer each of these four questions, and unanimously agree upon the crime, if any, that __________ (name of defendant) consciously intended to aid in commission.
Only upon answering all four questions in the affirmative may you convict the defendant on the crime charged.
AUTHORITY:
Carella v. California, 109 S.Ct. 2419 (1989); Francis v. Franklin, 471 U.S. 307 (1985); State v. Ivy, 119 Wis. 2d 591, 350 N.W.2d 622, 626-27 (1984); State v. Stanton, 106 Wis. 2d 172, 316 N.W.2d 134, 137-38 (Ct. App. 1982); Sandstrom v. Montana, 422 U.S. 510, 523-24 (1979); State v. Asfoor, 75 Wis. 2d 411, 249 N.W.2d 529, 536-37 (1977); State v. Cydzik, 60 Wis. 2d 683, 211 N.W.2d 421, 429-30 (1973).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
6. Defendant Must Have Knowledge And Intend To Aid And Abet Person Who Actually Commits The Crime; Mere Association Or Presence Insufficient
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
__________ (name of defendant) is charged in Count[s] ______ with aiding and abetting __________ (name of third party) in __________’s (name of third party) violation of _________ (crime, e.g., the money laundering statute). A defendant cannot be convicted for aiding and abetting unless the government has proven beyond a reasonable doubt that he intended to aid and abet the person who actually committed the crime.
SAMPLE INSTRUCTION # 2:
A person intentionally aids and abets the commission of a crime, acting with knowledge or belief that another is committing or intends to commit a crime, (he/she) knowingly renders aid to the person who commits the crime while that person is in the act of committing the crime. An aider and abettor must consciously intend that (his/her) conduct will aid another person in the execution of a particular crime. Further, the conduct of the aider and abettor must as a matter of objective fact aid the other person in the excuse of the crime.
Before you can find a defendant guilty of aiding and abetting another in the commission of a crime, you must find that the defendant knew in advance that this particular crime was to be committed and that (he/she) knowingly acted in such a way as to further its commission.
Mere association between the principal and those accused of aiding and abetting is not sufficient to establish guilt. Nor is mere presence at the scene at which a crime was to be committed sufficient to establish aiding and abetting. Mere presence at the scene of a crime is not evidence of guilt.
Knowledge that another in (his/her) company is going to commit a criminal act does not make a defendant liable for the commission of that act.
AUTHORITY:
United States v. Robinson, No. 78-CR-106 (E.D. Wis. 1979).
SAMPLE INSTRUCTION # 3:
Mere association between the principal and those accused of aiding and abetting is not sufficient to establish guilt and knowledge. Mere presence at the scene of a crime is not evidence of guilt.
AUTHORITIES:
United States v. Manzella, 791 F.2d 1263, 1266 (7th Cir. 1986); United States v. Pardo, 636 F.2d 535, 549 (D.C. Cir. 1980); United States v. Stanchich, 550 F.2d 1294, 1300 (2d Cir. 1977); Snyder v. United States, 448 F.2d 716, 718-719 (8th Cir. 1971), citing Ramirez v. United States, 363 F.2d 33, 34 (9th Cir. 1966); United States v. Joiner, 429 F.2d 489, 493 (5th Cir. 1970); United States v. Garguilo, 310 F.2d 249, 253 (2d Cir. 1962); Hicks v. United States, 150 U.S. 442, 447-448 (1893).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Matta, No. 82-CR-20 (E.D. Wis. 1982); United States v. Robinson, No. 78-CR-106 (E.D. Wis. 1979); United States v. Umentum, No. 75-CR-103 (E.D. Wis. 1976).
SAMPLE INSTRUCTION # 4:
Before you can find a defendant guilty of aiding and abetting another in the commission of a crime you must first find that the defendant knew in advance what crime was to be committed, and that (he/she) knowingly acted in such a way as to further its commission.
AUTHORITY:
State v. Cydzik, 60 Wis. 2d 683, 211 N.W.2d 421 (1973).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Umentum, No. 75-CR-103 (E.D. Wis. 1976).
SAMPLE INSTRUCTION # 5:
In order that a defendant can be found to have aided and abetted the commission of a crime, it is necessary that it first be proven that (he/she) had some prearranged program or plan with the person who actually committed the offense.
AUTHORITIES:
State v. Cydzik, 60 Wis. 2d 683, 211 N.W.2d 421 (1973).
SAMPLE INSTRUCTION # 6:
The mere fact that the defendant was in the company of others who committed a criminal offense is not evidence of (his /her) participation in the crime, even if the defendant knew that others were going to commit a crime and was in sympathy with their objectives.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
See also NCJIC 64.2 [Accomplice Liability: Mere Presence Insufficient].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
7. Person Who Actually Commits Crime Must Know Defendant’s Assistance Or Willingness To Assist
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In order that one be an aider and abettor of the commission of a crime, it is not only necessary that the defendant either actually assist another in the commission of the offense, or be ready to assist (him/her) if necessary, but it is also necessary that the person who actually commits the crime know of this assistance or of the defendant's willingness to assist.
AUTHORITIES:
State v. Cydzik, 60 Wis. 2d 683, 211 N.W.2d 421 (1973); Taylor v. State, 55 Wis. 2d 168, 177-178, 197 N.W.2d 805 (1972).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
8. Aiding And Abetting Must Be Willful
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The guilt of a defendant may be established without proof that he (himself/herself) did every act constituting the offense charged.
Whoever aids or abets another in the commission of an offense is punishable as if (he/she) had committed the offense (himself/herself).
In order for you to find that a defendant did aid or abet another in the commission of a crime it is necessary that you find beyond a reasonable doubt that every element of the offense was committed by some person or persons, that the defendant willfully associated (himself/herself) in some way with the criminal venture, that (he/she) willfully participated by some act of his own, and that he did so with the specific intent of making the criminal venture succeed.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Brown, No. CR83-310(C)M (W.D. Wash. 1983).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
9. Owner Of Premises Where Illegal Transactions Occur Does Not, Without More, Make One Criminally Liable For Such Conduct
ALERT: Carefully review the Caveats and Disclaimersbefore using these materials.
SAMPLE INSTRUCTION:
The mere fact that one owns premises upon which illegal transactions allegedly occur does not, without more, make one criminally liable for such conduct.
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Matta, No. 82-CR-20 (E.D. Wis. 1982).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Accomplices.
RELATED NCJIC MATERIALS:
See NCJIC 56.2.5 [Possession: Ownership Or Occupancy Not Sufficient].
See generally NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.).
See NCJIC 64.2 [Accomplice Liability: Mere Presence Insufficient].