North Carolina Jury Instruction - Aiding And Abetting - Agency - 1 8 USC Sect. 2
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FAQ
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.
(18 U.S.C. § 2(a)) The evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping that person commit [specify crime charged].
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.
However, it is important to understand that aiding and abetting is not a separate charge. If you face charges as an accomplice, you will be charged with the underlying offense. You can face the harshest felony charges if the prosecutor has evidence you were an accomplice of rape, kidnapping, or homicide.
Jury Instructions In order to find the defendant guilty of a violation of 21 U.S.C. 841(a)(1), the government must prove be- yond a reasonable doubt each of the following ele- ments: (1) The defendant distributed or dispensed a controlled substance as alleged in these counts of the Indictment.
Instruction 103 on Reasonable Doubt states that ?Whenever I tell you the People must prove something, I mean they must prove it beyond a reasonable doubt [unless I specifically tell you otherwise].? Thus, when the concept of reasonable doubt is explained and defined, the jury is told that it is the standard that ...
841(a)(1) criminalizes the distribution of a controlled substance and possession with the intent to distribute. For a conviction under this section, the Government must prove that the defendant knowingly distributed a controlled substance and knew that it was a controlled substance.
Section 111(a)(1) imposes criminal sanctions on any person who ?forcibly assaults, resists, opposes, impedes, intimidates, or interferes with? a federal officer or employee ?while engaged in or on account of the performance of official duties.? 18 U.S.C.
(1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under title 18, or both.
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.