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F 6.19a
Joining Conspiracy After Its Formation: Requisite Elements
*Add to CJ 6.19:
You may not find that the defendant joined the conspiracy unless all of the following have been proven beyond a reasonable doubt:
1. Two or more persons other than the defendant entered into an agreement to commit the crime of __________.
2. The defendant subsequently joined in the agreement with the specific intent to agree with one or more of the original parties to the agreement to commit the crime of __________.
3. When the defendant joined in the agreement, [he] [she] had the specific intent to commit the crime of __________.
4. When the defendant joined in the agreement, [he] [she] and the original parties to the agreement each had actual knowledge of the existence of the agreement and the full scope, design and purpose of the agreement.
5. At least one overt act was committed by a party to the agreement after the defendant entered the agreement but before the offense of __________ was completed. It is not necessary to the guilt of any particular defendant that defendant personally committed the overt act, if [he] [she] was one of the conspirators when such an act was committed.
Points and Authorities
CJ 6.19 concerns the jury of the criminal liability of a person who joins a conspiracy after it has been formed. However, the instruction does not specify what requirements must be proved to establish that the defendant joined the conspiracy. For example, CJ 6.10 fails to require that the person who joins the conspiracy form the necessary specific intent. CJ 6.19 should be supplemented to include a specification of the requisite elements. (See FORECITE F 6.10a.)
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).]
