Illinois Jury Instruction — Pinkerton Instruction: Explained The Illinois Jury Instruction — Pinkerton Instruction refers to a specific legal doctrine applied in criminal cases within the state of Illinois. This instruction is used to hold individuals accountable for crimes committed by their co-conspirators or accomplices. The doctrine derived its name from the landmark US Supreme Court case, Pinkerton v. United States, which set a precedent for its use. Under this instruction, a defendant may be held liable for a crime committed by another person if the following conditions are met: 1. A conspiracy existed: The accused must have engaged in an agreement with another individual to commit a specific crime. This agreement may be spoken or implied but must involve a shared intent to commit the crime. 2. The crime committed was in furtherance of the conspiracy: The co-conspirator must have committed a crime that was directly related to the agreement made in furtherance of the conspiracy. It must be proven that the crime committed was a reasonably foreseeable consequence of the conspiracy. 3. The defendant knew or should have known about the crime: The defendant must have been aware of the nature and scope of the conspiracy, as well as the existence of the crime committed by the co-conspirator. Alternatively, they must have been aware that the crime was a probable outcome of the conspiracy. The Illinois Jury Instruction — Pinkerton Instruction enables the jury to attribute the guilt of the co-conspirator to the defendant, even if the defendant did not personally participate in the commission of the crime. This doctrine places a significant burden on the defendant to disprove their involvement and knowledge of the criminal act. Types of Illinois Jury Instruction — Pinkerton Instruction: 1. Pinkerton Instruction for conspiracy to commit a specific crime: This instruction is used when individuals have conspired to commit a particular crime, and one of the co-conspirators commits the crime as planned. The defendant can be held liable for the crime under the Pinkerton doctrine. 2. Pinkerton Instruction for foreseeable crimes: This instruction is used when a co-conspirator commits a crime that is reasonably foreseeable as a consequence of the conspiracy, even if the specific crime was not initially planned. The defendant can still be held accountable for the unforeseen crime. 3. Limitations and application: The Pinkerton doctrine is not without its limitations. The instruction may not be appropriate if the defendant withdrew from the conspiracy, took steps to prevent the crime, or if the crime committed was outside the scope of the conspiracy. Additionally, the jury must diligently consider the evidence before attributing guilt to the defendant solely based on the Pinkerton Instruction. In conclusion, the Illinois Jury Instruction — Pinkerton Instruction is a legal doctrine that holds defendants responsible for crimes committed by their co-conspirators or accomplices. It provides a mechanism to attribute guilt to the defendant, even if they did not directly participate in the crime.
Illinois Jury Instruction - Pinkerton Instruction
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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.
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. jury instructions | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? jury_instructions cornell.edu ? wex ? jury_instructions
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. PATTERN JURY INSTRUCTIONS - CRIMINAL CASES ojp.gov ? ncjrs ? virtual-library ? abstracts ojp.gov ? ncjrs ? virtual-library ? abstracts
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. Jury instructions - Wikipedia wikipedia.org ? wiki ? Jury_instructions wikipedia.org ? wiki ? Jury_instructions
Thus, preliminary instructions should cover the statutory requirements, set forth the basic and important legal principles that a jury needs to know, attempt to explain to jurors things they will see and hear during a trial that might otherwise puzzle them, and try to assure jurors that rulings on objections and the ...