District of Columbia Uncorroborated Testimony of Accomplice

State:
Multi-State
Control #:
US-00892
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury to regard certain testimony with hightened suspicion. Care must be taken that the language of the instruction is proper in your state and not subject to reversal on appeal.

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FAQ

An accomplice is defined as a person who knowingly, voluntarily, or intentionally gives assistance to another in (or in some cases fails to prevent another from) the commission of a crime. An accomplice is criminally liable to the same extent as the principal.

In determining the mens rea necessary for accomplice liability, two issues must be dealt with: First, whether or not the accomplice must have the mens rea to commit the actual crime that is being committed by the principal, and second, whether the accomplice must also intend for his or her actions to actually help or ...

The rule states that: A conviction based on the uncorroborated testimony of an accomplice is not illegal but ing to prudence it is not safe to rely upon uncorroborated evidence of an accomplice and thus judges and juries must exercise extreme caution and care while considering uncorroborated accomplice evidence.

An accomplice witness may be convicted of criminal attempt even if the crime was neither committed nor attempted by another, so long as the purpose of their conduct is to aid another in commission of the offense and such assistance would have made them an accomplice if the offense were committed or attempted.

An ?accomplice? means a witness in a criminal action who, ing to evidence adduced in such action, may reasonably be considered to have participated in: (a) The offense charged; or (b) An offense based upon the same or some of the same facts or conduct which constitute the offense charged.

"A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as tends to connect the defendant with the commission of the crime."

A defendant may not be convicted of any offense upon the testimony of an accomplice unsupported by corroborative evidence tending to connect the defendant with the commission of such offense.

The court may presume that an accomplice is unworthy of any credit unless corroborated in material particulars, as per Section 114 of the Indian Evidence Act.

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District of Columbia Uncorroborated Testimony of Accomplice