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F 6.22 n1 Conspiracy: Case Must Be Considered As To Each Defendant (PC 182) – CJ 6.22 Inapplicable In Separate Trials.
This instruction is not necessary in multiple defendant cases tried before separate juries. (People v. Von Villas (92) 11 CA4th 175, 245-6 [15 CR2d 112].)
F 6.22a
Consider Conspiracy Case As To Each Defendant: Specification Of Elements
*Add to CJ 6.22:
You may not find that the defendant willfully, intentionally and knowingly joined the conspiracy unless the prosecution has proven the existence of all the elements of conspiracy, upon which I have previously instructed you, beyond a reasonable doubt.
Points and Authorities
CJ 6.22 — which is intended to be used only in multiple defendant cases tried before a single jury (see People v. Von Villas (92) 11 CA4th 175, 245-46 [15 CR2d 112]) — informs the jury that they must consider whether the defendant “willfully, intentionally and knowingly joined with any other or others in the alleged conspiracy.” This language could be interpreted by the jury to eliminate the need of finding that the defendant personally formed the requisite specific intent for a conspiracy, as well as the other requisite elements of conspiracy. Therefore, CJ 6.22 should be supplemented to either refer back to the specific requisite elements of conspiracy or to specifically enumerate those elements.
Failure to adequately instruct the jury upon matters relating to proof of any element of the charge and/or the prosecution’s burden of proof thereon violates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury and due process. [See generally, FORECITE PG VII(C).]
