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A specific unanimity instruction is not required to distinguish an aiding and abetting theory of liability from the underlying substantive crime. Does the unanimity instruction apply in cases where multiple theories or acts may form the basis of a guilty verdict on one discrete crime?Louisiana, the U.S. Supreme Court held that the Constitution requires unanimous jury verdicts in state criminal trials. Unanimity rule does from its retentive property. Homicide. Jury unanimity issues have arisen in all types of homicide cases. Liability under a Pinkerton theory. Participation in the crime as an aider or abettor;. 3. Liability under a Pinkerton theory. But you must unanimously agree that the Commonwealth has proved that the defendant committed the offense on at least one of the specific occasions. The Coase Theorem and the Theory of the State.