SERIES 400 AIDING AND ABETTING, INCHOATE, AND ACCESSORIAL CRIMES
F 419 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY
TABLE OF CONTENTS
F 419.1 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: TITLE AND IDENTIFICATION OF PARTIES
F 419.1 Inst 1 Acts Committed Or Statements Made Before Joining Conspiracy—Title
F 419.1 Inst 2 Identification Of Prosecution And Defendant
F 419.2 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: TAILORING TO FACTS: PERSONS, PLACES, THINGS AND THEORIES [RESERVED]
F 419.3 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: LANGUAGE THAT IS ARGUMENTATIVE, CONFUSING, ETC. [RESERVED]
F 419.4 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: BURDEN OF PROOF ISSUES
F 419.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 419.4 Inst 2 Co-Conspirator’s Statements: Even If Preponderance Standard Is Met Jurors May Not Rely On The Statements To Convict If They Are An Essential Fact
F 419.4 Inst 3 Prosecution Burden To Prove Acts Or Statements Of Co-Conspirators Were Done After Defendant Joined The Conspiracy
F 419.5 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: ELEMENTS [RESERVED]
F 419.6 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: DEFENSE THEORIES [RESERVED]
F 419.7 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: PRELIMINARY FACT ISSUES [RESERVED]
F 419.8 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: UNANIMITY/DUPLICITY/MULTIPLICITY[RESERVED]
F 419.9 ACTS COMMITTED OR STATEMENTS MADE BEFORE JOINING CONSPIRACY: LESSER OFFENSE ISSUES [RESERVED]
Return to Series 400 Table of Contents.
F 419.1 Acts Committed Or Statements Made Before Joining Conspiracy: Title And Identification Of Parties
F 419.1 Inst 1 Acts Committed Or Statements Made Before Joining Conspiracy—Title And Identification Of Parties
See generally FORECITE F 200.1.2 Note 2; CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 419.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 419.2 Acts Committed Or Statements Made Before Joining Conspiracy: Tailoring To Facts: Persons, Places, Things And Theories[Reserved]
F 419.3 Acts Committed Or Statements Made Before Joining Conspiracy: Language That Is Argumentative, Confusing, Etc.[Reserved]
F 419.4 Acts Committed Or Statements Made Before Joining Conspiracy: Burden Of Proof Issues
F 419.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 419.4 Inst 2 Co-Conspirator’s Statements: Even If Preponderance Standard Is Met Jurors May Not Rely On The Statements To Convict If They Are An Essential Fact
See FORECITE F 418.4 Inst 1.
F 419.4 Inst 3 Prosecution Burden To Prove Acts Or Statements Of Co-Conspirators Were Done After Defendant Joined The Conspiracy
*Modify CC 419, paragraph 1 as follows [added language is underlined; deleted language is stricken]:
(The/A) defendant is not only responsible for any acts that which the prosecution has proven were done before (he/[or] she) after the defendant joined the [alleged] conspiracy.
If you have a reasonable doubt whether an act was done after the defendant joined the [alleged] conspiracy, you may not find the defendant [guilty] [responsible for that act].
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request. [See CALCRIM Motion Bank # CCM-001.]
The CALCRIM Deficiency: Burden Shifting Language—The CALCIM 419 language could mislead the jury into shifting the burden to the defendant to prove that the acts were done before the defendant joined the conspiracy. Matters which the prosecution is obligated to prove should not be stated in language which suggests the defendant must prove them. (See FORECITE F 404.2 Inst 1.)
Use Of The Term “Defendant”— The defense requests that the defendant be referred to by name throughout this trial and in the jury instructions. [See CALCRIM Motion Bank # CCM-005.] By using the term “defendant” in this instructional request, the defense does not withdraw the request.
WARNING! Federal Constitutional Claims May Be Lost Without Proper Federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.2 [Defendant Has No Burden To Prove Defense Theory Which Negates ]
In death penalty cases, additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
F 419.5 Acts Committed Or Statements Made Before Joining Conspiracy: Elements [Reserved]
F 419.6 Acts Committed Or Statements Made Before Joining Conspiracy: Defense Theories [Reserved]
F 419.7 Acts Committed Or Statements Made Before Joining Conspiracy: Preliminary Fact Issues [Reserved]
F 419.8 Acts Committed Or Statements Made Before Joining Conspiracy: Unanimity/Duplicity/Multiplicity [Reserved]
F 419.9 Acts Committed Or Statements Made Before Joining Conspiracy: Lesser Offense Issues [Reserved]
