Elements of Conspiracy.pdf - Home Manual of Model Criminal Jury Instructions 8 Offenses Under Title 18 8.20 ConspiracyElements 8.20 CONSPIRACYELEMENTS

Elements of Conspiracy.pdf - Home Manual of Model Criminal...

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Home › Manual of Model Criminal Jury Instructions › 8. Offenses Under Title 18 8.20 CONSPIRACY—ELEMENTS The defendant is charged in [Count _______ of] the indictment with conspiring to _______ in violation of Section _______ of Title ___ of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt: First, beginning on or about [ date ], and ending on or about [ date ], there was an agreement between two or more persons to commit at least one crime as charged in the indictment; [and] Second, the defendant became a member of the conspiracy knowing of at least one of its objects and intending to help accomplish it[.] [; and] [Third, one of the members of the conspiracy performed at least one overt act [on or after [ date ]]for the purpose of carrying out the conspiracy.] A conspiracy is a kind of criminal partnership—an agreement of two or more persons to commit one or more crimes. The crime of conspiracy is the agreement to do something unlawful; it does not matter whether the crime agreed upon was committed. For a conspiracy to have existed, it is not necessary that the conspirators made a formal agreement or that they agreed on every detail of the conspiracy. It is not enough, however, that they simply met, discussed matters of common interest, acted in similar ways, or perhaps helped one another. You must find that there was a plan to commit at least one of the crimes alleged in the indictment as an object of the conspiracy with all of you agreeing as to the particular crime which the conspirators agreed to commit. One becomes a member of a conspiracy by willfully participating in the unlawful plan with the intent to advance or further
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