THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Conspiracy: Aiding And Abetting
1. Aiding And Abetting
Conspiracy: Elements
2. Conspirator As An Aider
And Abettor
3. Aiding And Abetting
Conspiracy: Requirement Of Substantive Offense
4. Willing Aid To
Conspiracy Not Proof Of Membership
5. Providing Supplies And
Services To Conspirators; Unknowing Assistance To Conspiracy
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Aiding And Abetting Conspiracy: Elements
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A person who is not a member of a conspiracy may nevertheless be guilty of aiding and abetting the conspiracy under some circumstances, but only if the following elements are proven beyond a reasonable doubt:
First, that the defendant knew of the existence of the conspiracy; and
Second, that the defendant intended by (his/her) actions to further the purposes of the conspiracy; that is, (he/she) sought by his actions to make the conspiracy succeed.
If you find that __________ (name of defendant) was not a member of a conspiracy, you may then consider whether (he/she) is guilty of aiding and abetting the conspiracy under these additional elements. I caution you that you must always consider each count of an indictment separately, and that a defendant is not guilty of aiding and abetting a conspiracy merely by aiding and abetting the commission of a crime which is an object of the conspiracy, or by associating with members of the conspiracy.
AUTHORITIES
United States v. Galiffa, 734 F.2d 306, 309-11 (7th Cir. 1984); United States v. Kasvin, 757 F.2d 887, 890-92 (7th Cir.), cert. denied, 474 U.S. 1032 (1985); United States v. Penni, 100 F.2d 401, 402 (2d Cir. 1938) (L. Hand, J.); United States v. Miller, 552 F. Supp. 827, 830 (N.D. Ill. 1982), afield mem., 729 F.2d 1464 (7th Cir. 1984).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Aiding And Abetting Of Acts By Conspirators Insufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Conspiracy: Knowing Assistance To Crime Not Sufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Conspiracy: Mere Willing Participation Not Sufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Willing Aid To Conspiracy Not Proof Of Membership.
See also THE SHELLOW COLLECTION: Conspiracy: Aiding And Abetting – Providing Supplies And Services To Conspirators; Unknowing Assistance To Conspiracy.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 83: Conspiracy.
See also 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. Hilton, 610 F.2d 302 (5th Cir. 1980); United States v. Crayon, 490 F. Supp. 1234 (3d Cir.), afield, 636 F.2d 1211 (1980).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Aiding And Abetting Of Acts By Conspirators Insufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Conspiracy: Knowing Assistance To Crime Not Sufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Conspiracy: Mere Willing Participation Not Sufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Willing Aid To Conspiracy Not Proof Of Membership.
See also THE SHELLOW COLLECTION: Conspiracy: Aiding And Abetting – Providing Supplies And Services To Conspirators; Unknowing Assistance To Conspiracy.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 83: Conspiracy.
See also NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.)
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Aiding And Abetting A Conspiracy: Requirement Of Substantive Offense
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
It is possible to be guilty of aiding and abetting a conspiracy without being a member of the conspiracy, but only under these very limited circumstances: a person may be found guilty of aiding and abetting the conspiracy only when he intentionally facilitates the formation of the charged illegal agreement between other persons, but does not himself join that agreement. Mere association with the persons conspiring is not enough.
A non-member of a conspiracy who knows that a particular crime is the object of the conspiracy, and who intentionally acts to assist commission of that crime or to assure the success of that crime, may be guilty of aiding and abetting the separate crime itself, but not of aiding and abetting the conspiracy.
AUTHORITIES
Contra United States v. Galiffa, 734 F.2d 306, 309-11 (7th Cir. 1984); United States v. Kasvin, 757 F.2d 887, 890-92 (7th Cir.), cert. denied, 474 U.S. 1032 (1985); accord Comment, Developments in the Law of Conspiracy, 72 Hard. L. Rev. 920, 933-35 (1959); see also Kasvin, 757 F.2d at 893-96 (Swaggered, J., dissenting).
SAMPLE INSTRUCTION # 2:
A defendant may be found guilty of aiding and abetting only if it has been proven that (he/she) aided and abetted the commission of a substantive offense. A defendant cannot be convicted of aiding and abetting a conspiracy.
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Aiding And Abetting Of Acts By Conspirators Insufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Conspiracy: Knowing Assistance To Crime Not Sufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Conspiracy: Mere Willing Participation Not Sufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Willing Aid To Conspiracy Not Proof Of Membership.
See also THE SHELLOW COLLECTION: Conspiracy: Aiding And Abetting – Providing Supplies And Services To Conspirators; Unknowing Assistance To Conspiracy.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 83: Conspiracy.
See also NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.)
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Willing Aid To Conspiracy Not Proof Of Membership
RELATED SHELLOW MATERIALS:
See THE SHELLOW COLLECTION: Conspiracy: Membership – Willing Aid To Conspiracy Not Proof Of Membership.
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Providing Supplies And Services To Conspirators; Unknowing Assistance To Conspiracy
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
One does not become a party to a conspiracy by aiding and abetting it through sales of supplies, provision of services, or otherwise, unless (he/she) knows of the conspiracy. The inference of such knowledge cannot be drawn merely from the knowledge that the buyer will use the goods or services illegally.
AUTHORITY:
Direct Sales Co. v. United States, 319 U.S. 703, 87 L.Ed. 1674 (1942).
SAMPLE INSTRUCTION # 2:
The gist of the offense of conspiracy is the agreement among the conspirators to commit an offense advanced by an act of one or more of the conspirators to effect the object of the conspiracy. Those without knowledge of the conspiracy are not conspirators. One who without more furnishes supplies or services to one engaged in a criminal activity is not guilty of conspiracy, even though his sale of goods or services may have furthered the object of a conspiracy, so long as the seller of goods or services has no knowledge of the conspiracy.
AUTHORITY:
United States v. Falcone, 311 U.S. 205 (1940).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Linton, No. CR-R-80-ECR (D.C. Nev. 1981).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Aiding And Abetting Of Acts By Conspirators Insufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Conspiracy: Knowing Assistance To Crime Not Sufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Conspiracy: Mere Willing Participation Not Sufficient.
See also THE SHELLOW COLLECTION: Conspiracy: Membership – Willing Aid To Conspiracy Not Proof Of Membership.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 83: Conspiracy.
See also NCJIC Chapter 64: Accomplice Liability (Aiding And Abetting, Accessory Before The Fact, Etc.)