Oklahoma Jury Instruction - Multiple Conspiracies - For Use With General Conspiracy Charge
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Conspiracy. Universal Citation: 21 OK Stat § 988 (2022) A. A conspiracy is any agreement, combination or common plan or scheme by two or more persons, coupled with an overt act in furtherance of such agreement, combination or common plan or scheme, to violate any section of this act.
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
You must decide whether the conspiracy charged in the indictment existed, and, if it did, who at least some of its members were. If you find that the conspiracy charged did not exist, then you must return a not guilty verdict, even though you may find that some other conspiracy existed.
Conspiracy applies to both civil and criminal offenses. For example, you may conspire to commit murder, or conspire to commit fraud.
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.
For instance, a group of individuals can be convicted of conspiracy to commit burglary even if the actual burglary never happens. Conspiracy is also unique in that, unlike attempt, a defendant can be charged with both conspiracy to commit a crime, and the crime itself if the crime is completed.
You must have 2 or more persons who 2. Intentionally 3. make an agreement 4. to violate federal law or defraud the United states, and then 5. Commit some overt act in furtherance of the agreement.