Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1097-8

Filed 03/30/2007

Page 1 of 2

INSTRUCTION NO. SMITH 28 Aiding and Abetting -- Explained A person may violate the law even though he or she does not personally do each and every act constituting the offense if that person "aided and abetted" the commission of the offense. Section 2(a) of Title 18 of the United States Code provides: "Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission is punishable as a principal." Before a defendant may be held responsible for aiding and abetting others in the commission of a crime, it is necessary that the government prove beyond a reasonable doubt that the defendant knowingly and deliberately associated himself in some way with the crime charged and participated in it with the intent to commit the crime. In order to be found guilty of aiding and abetting the commission of the crimes charged in counts 2 through 47 the indictment, the government must prove beyond a reasonable doubt that a a defendant: One, knew that the crime charged was to be committed or was being committed, Two, knowingly did some act for the purpose of aiding or commanding or encouraging the commission of that crime, and Three, acted with the intention of causing the crime charged to be committed. Before any defendant may be found guilty as an aider or an abettor to the crime, the government must also prove, beyond a reasonable doubt, that someone committed

Case 1:04-cr-00103-REB-MEH

Document 1097-8

Filed 03/30/2007

Page 2 of 2

each of the essential elements of the offense charged as detailed for you these instructions. Merely being present at the scene of the crime or merely knowing that a crime is being committed or is about to be committed is not sufficient conduct for the jury to find that the defendant aided and abetted the commission of that crime. The government must prove that a defendant knowingly associated himself with the crime in some way as a participant -- someone who wanted the crime to be committed -- not as a mere spectator.

O'Malley, Grenig & Lee, Federal Jury Practice & Instructions, § 18.01 (5th ed. 2000)