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F 6.14a
Adoption Of Criminal Design And Intent Requires Defendant To Actually Form
The Requisite Specific Intent
*Add to CJ 6.14:
However, you may not find that the defendant adopted the design, intent, objective and purpose of the conspiracy unless [he] [she] personally:
1. Had the specific intent to agree with at least one other conspirator to commit the offense of __________.
2. Had the specific intent to commit the offense of __________.
3. Had actual knowledge of the existence of the agreement and the full scope and design of the agreement.
Points and Authorities
To be guilty of conspiracy, the defendant must personally form the requisite specific intent. (See People v. Horn (74) 12 C3d 290, 296 [115 CR 516]; see also FORECITE F 6.10a.) CJ 6.14 does not make this clear because it states that adoption of the criminal design, intent, object and purposes “is all that is necessary to make the person a co-conspirator when the required elements of a conspiracy are present.” Accordingly, the above proposed instruction should be added to CJ 6.14 to assure that the jury understands that the defendant must personally form the requisite specific intent.
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).]
