Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB

Document 1188-3

Filed 05/08/2007

Page 1 of 2

DEFENDANT'S PROPOSED INSTRUCTION NO. 37 AIDING AND ABETTING An individual may be guilty of an offense even if that individual does not personally do each and every act constituting the offense. You may also find a defendant guilty of the offense if you are convinced beyond a reasonable doubt that he intentionally helped or encouraged someone else to commit the crime. A person who does this is called an aider and abettor. For you to find a defendant guilty of an offense as an aider and abettor of the offense, you must be convinced that the Government has proved each and every one of the following elements beyond a reasonable doubt: 1. First, you must be satisfied that someone else actually did commit the offense, as I have already defined the offense in these instructions. That "someone else" may be another person not on trial before you. 2. Second, you must find that the defendant helped to commit the offense or encouraged, induced, or persuaded someone else to commit the offense. 3. Third, you must find that the defendant acted with the intent to cause, help, or bring about the offense. Proof that a defendant may have known about the crime before it was committed, or while it was being committed, is not enough for you to find defendant guilty. Similarly, mere presence at the places where a crime is committed ­ being in the wrong place at the wrong time ­ is not enough for you to find the defendant guilty. You can consider mere presence and a defendant's knowledge of a crime in deciding whether the government has proved that he was an aider and abettor; but without more,

Case 1:04-cr-00103-REB

Document 1188-3

Filed 05/08/2007

Page 2 of 2

mere presence and knowledge are not enough. For you to find a defendant guilty as an aider and abettor, you must be satisfied beyond a reasonable doubt that the defendant intentionally associated himself with the criminal venture, that he participated in it as something that he wished to bring about, that he seek by his action to make it succeed. If you are convinces that the government has proved all three elements of aiding and abetting a crime charged in the indictment, say so by returning a guilty verdict on that charge. If you have a reasonable doubt about any one of these elements, then you cannot find a defendant guilty as an aider and abettor.