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Series 400 Aiding And Abetting, Inchoate, And Accessorial Crimes

A. Aiding And Abetting And Related Doctrines (400-404)

  • F 400 Aiding And Abetting: General Principles (Case Law Discussing This Instruction)
  • F 400.1 Aiding And Abetting: General Principles—Title And Identification Of Parties
    • F 400.1 Inst 1 Aiding And Abetting: General Principles—Title
    • F 400.1 Inst 2 Identification Of Prosecution And Defendant
  • F 400.2 Aiding And Abetting: General Principles—Tailoring To Facts: Persons, Places, Things And Theories
    • F 400.2 Inst 1 Reference To Perpetrator As “Alleged” Or By Name
    • F 400.2 Inst 2 Aiding And Abetting: Tailoring To Defendant And Perpetrator
  • F 400.3 Aiding And Abetting: General Principles—Language That Is Argumentative, Confusing, Etc.
    • F 400.3 Inst 1 Aiding And Abetting: No Presumption That Crime Was Committed Or That The Alleged Perpetrator Committed It
    • F 400.3 Inst 2 Reference To Perpetrator As “Alleged” Or By Name
    • F 400.3 Inst 3 Perpetrator Should Be Defined As One Who “Directly And Actively” Commits The Crime
  • F 400.4 Aiding And Abetting: General Principles—Burden Of Proof Issues
    • F 400.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 400.4 Note 1 Aiding And Abetting: General Principles—Burden Of Proof Issues
  • F 400.5 Aiding And Abetting: General Principles—Elements
    • F 400.5 Note 1 Aiding And Abetting: General Principles—Elements
  • F 400.6 Aiding And Abetting: General Principles—Defense Theories
    • F 400.6 Note 1 Aiding And Abetting: General Principles—Defense Theories
  • F 400.7 Aiding And Abetting: General Principles—Preliminary Fact Issues
    • F 400.7 Note 1 Aiding And Abetting: General Principles—Preliminary Fact Issues
  • F 400.8 Aiding And Abetting: General Principles—Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 400.9 Aiding And Abetting: General Principles—Lesser Offense Issues
    • F 400.9 Inst 1 Aiding And Abetting: “Equally Guilty” Language Improper When Accomplice May Be Convicted Of Lesser Offense Than Perpetrator
  • F 400 NOTES
    • F 400 Note 1 Aiding And Abetting: General Principles—CALCRIM Cross References And Research Notes
    • F 400 Note 2 Aiding/Abetting Unavailability Of Procuring Agent Defense
    • F 400 Note 3 No Murder Liability for Aider And Abettor Acting In Heat Of Passion
    • F 400 Note 4 Aiding And Abetting: No Affirmative Duty To Act
    • F 400 Note 5 Lesser Offense Liability For Aider And Abettor
    • F 400 Note 6 Aiding And Abetting Includes A Specific Intent Mens Rea
    • F 400 Note 7 Aider And Abettor Liability When Perpetrator Has Been Acquitted
    • F 400 Note 8 Aider And Abettor Liability For Person Incapable Of Committing the Substantive Crime As A Perpetrator
    • F 400 Note 9 Minor Not Criminally Liable As Aider And Abettor To Statutory Rape
    • F 400 Note 10 Buyer-Seller Transaction Insufficient To Establish Aiding And Abetting
    • F 400 Note 11 Minor Not Criminally Liable As Aider And Abettor To Incese
    • F 400 Note 12 Accomplice Cannot Aid And Abet His Own Murder
    • F 400 Note 13 Propriety Of Pinpoint Instruction On Factors Relevant To Aiding And Abetting
  • F 401 Aiding And Abetting: Intended Crimes—Elements(Case Law Discussing This Instruction)
  • F 401.1 Aiding And Abetting: Intended Crimes—Title And Identification Of Parties
    • F 401.1 Inst 1 Aiding And Abetting: Intended Crimes—Title
    • F 401.1 Inst 2 Identification Of Prosecution And Defendant
  • F 401.2 Aiding And Abetting: Intended Crimes—Tailoring To Facts: Persons, Places, Things And Theories
    • F 401.2 Inst 1 Aiding And Abetting: Intended Crimes—Identification Of Parties
    • F 401.2 Inst 2 Aiding And Abetting: Tailoring To Charged Crime
    • F 401.2 Inst 3 No Presumption That Alleged Perpetrator Committed The Alleged Crime
  • F 401.3 Aiding And Abetting: Intended Crimes—Language That Is Argumentative, Confusing, Etc.
    • F 401.3 Inst 1 No Presumption That Alleged Perpetrator Committed The Alleged Crime
    • F 401.3 Inst 2 Instruction On What Prosecution Does Not Need To Prove As Argumentative And Duplicative
    • F 401.3 Inst 3 Aiding And Abetting: What The Prosecution Does Not Need To Prove—Instruction Should Be Balanced
    • F 401.3 Inst 4 Jurors Should Consider Presence Or Absence Of The Defendant As To Aiding And Abetting
  • F 401.4 Aiding And Abetting: Intended Crimes—Burden Of Proof Issues
    • F 401.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 401.4 Inst 2 Aiding And Abetting: Withdrawal— Modification Of Burden Shifting Language
    • F 401.4 Inst 3 Termination Of Liability For Aider And Abettor: Defendant Need Only Leave The Jury With A Reasonable Doubt
    • F 401.4 Inst 4 Prosecution Burden Should Be Expressly Stated
  • F 401.5 Aiding And Abetting: Intended Crimes—Elements
    • F 401.5 Inst 1 (a-c) Aiding And Abetting Requires Knowledge Of Perpetrator’s Intent Prior To Commission Of The Crime
    • F 401.5 Inst 2 Defendant’s Acts Of Aiding And Abetting Must Be Said Or Made Before Or During The Crime
    • F 401.5 Inst 3 Defendant Must Advise And Encourage To Be An Aider And Abettor (PC 31)
    • F 401.5 Inst 4 For Aider/Abettor To Be Guilty Of Murder Perpetrator Must Harbor Express Malice (PC 31)
    • F 401.5 Inst 5 Perpetrator Must Be Found Guilty Beyond A Reasonable Doubt
    • F 401.5 Inst 6 Aiding And Abetting Defined And Distinguished (PC 31)
    • F 401.5 Inst 7 Aider And Abettor Must Separately Form Intent Or Mental State Elements Of Charged Offense
    • F 401.5 Inst 8 Aiding And Abetting Requires Substantial Participation
    • F 401.5 Inst 9 For Aider/Abettor To Be Guilty Of First Degree Murder, Perpetrator Must Harbor Express Malice And Premeditation And Deliberation (PC 31)
    • F 401.5 Inst 10 Aiding And Abetting: Incorporation Of Definition Into Element
    • F 401.5 Inst 11 Presence Or Act Of Defendant Which Actually Aids The Perpetrator
  • F 401.6 Aiding And Abetting: Intended Crimes—Defense Theories
    • F 401.6 Inst 1 Aiding And Abetting: Withdrawal—Correction Of Burden Shifting Language
    • F 401.6 Inst 2 Giving Assistance Without Sharing The Perpetrator’s Purpose And Intent Establishes Liability Only As An Accessory, Not As An Accomplice
    • F 401.6 Inst 3 Presence Or Act Of Defendant Which Actually Aids The Perpetrator
    • F 401.6 Inst 4 Aider And Abettor: Self-Defense Or Defense Of Others
    • F 401.6 Inst 5 Applicability Of Imperfect Self-Defense And/Or Heat Of Passion To Person Charged With Aiding And Abetting Murder
    • F 401.6 Inst 6 Aiding And Abetting: Withdrawal—Individual Juror Determination
    • F 401.6 Inst 7 Aiding And Abetting: Withdrawal—Improper Shifting Of Burden
    • F 401.6 Inst 8 Aiding And Abetting: Withdrawal— Modification Of Burden Shifting Language
    • F 401.6 Inst 9 Post-Crime Assistance Is Not Aiding And Abetting (PC 31)
    • F 401.6 Inst 10 No Legal Duty To Report Crime
    • F 401.6 Inst 11 Aiding And Abetting: “Feigned Accomplice” Defense
    • F 401.6 Inst 12 (a-d) Presence And Knowledge Insufficient For Aiding And Abetting Liability
    • F 401.6 Inst 13 Aiding And Abetting: “Feigned Perpetrator” Defense
    • F 401.6 Inst 14 Termination Of Liability For Aider And Abettor: Defendant Need Only Leave The Jury With A Reasonable Doubt
    • F 401.6 Inst 15 Robbery: After Acquired Intent Of Aider And Abettor—Element And/Or Pinpoint
    • F 401.6 Inst 16. Gang Membership Insufficient To Prove Aider And Abettor Liability
    • F 401.6 Inst 17 Buyer-Seller Transaction Insufficient To Establish Aiding And Abetting
    • F 401.6 Inst 18 Buyer-Seller Relationship: Factors To Consider
    • F 401.6 Inst 19 Failure To Prevent Commission Of A Crime Is Not Aiding And Abetting
  • F 401.7 Aiding And Abetting: Intended Crimes— Preliminary Fact Issues
    • F 401.7 Inst 1 Defendant’s Failure To Prevent The Crime: Preliminary Facts
  • F 401.8 Aiding And Abetting: Intended Crimes—Unanimity/Duplicity/Multiplicity
    • F 401.8 Note 1 Aiding And Abetting: Unanimity/Duplicity
    • F 401.8 Note 2 Aiding And Abetting: Multiplicity
  • F 401.9 Aiding And Abetting: Intended Crimes— Lesser Offense Issues
    • F 401.9 Inst 1 Giving Assistance Without Sharing The Perpetrator’s Purpose And Intent Establishes Liability Only As An Accessory, Not As An Accomplice
    • F 401.9 Note 1 Aiding And Abetting: Lesser Included Offenses
  • F 401 NOTES
    • F 401 Note 1 Aiding And Abetting: Intended Crimes—CALCRIM Cross References And Research Notes
    • F 401 Note 2 Applicability Of Aiding And Abetting When Element Is Committed By A Co-Perpetrator
    • F 401 Note 3 CALCRIM 401 Must Be Given With CALCRIM 400
    • F 401 Note 4 Jurisdiction Of California For In-State Aiding And Abetting Of Out-Of-State Offense
    • F 401 Note 5 Termination Of Aider And Abettor Liability: Duty Of Defendant To Prevent Commission Of The Crime
    • F 401 Note 6 Termination Of Aider And Abettor Liability: Abortion Of The Agreement Terminates Liability
    • F 401 Note 7 Aider And Abettor: Constructive Presence
    • F 401 Note 8 Mere Presence: Argument Strategy
  • F 402 Natural And Probable Consequences Doctrine (Target And Non-Target Offenses Charged)(Case Law Discussing This Instruction)
  • F 402.1 Natural And Probable Consequences—Title And Identification Of Parties
    • F 402.1 Inst 1 Natural And Probable Consequences—Title
    • F 402.1 Inst 2 Identification Of Prosecution And Defendant
  • F 402.2 Natural And Probable Consequences—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 402.3 Natural And Probable Consequences—Language That Is Argumentative, Confusing, Etc.
    • F 402.3 Inst 1 Jurors Not Required To Decide Guilt
  • F 402.4 Natural And Probable Consequences—Burden Of Proof Issues
    • F 402.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 402.4 Inst 2 Circumstance Need Not Be “Established By The Evidence” To Be Considered
  • F 402.5 Natural And Probable Consequences—Elements
    • F 402.5 Inst 1 Reasonable Person: Objective Standard
    • F 402.5 Inst 2 Natural And Probable Consequences Doctrine Should Be Limited To Aider And Abettor Liability
    • F 402.5 Inst 3 Natural And Probable Consequences: Permits Consideration Only Of Circumstances Known To The Aider And Abettor
    • F 402.5 Inst 4 When Is First Degree Murder A Natural And Probable Consequence Of The Target Offense
    • F 402.5 Inst 5 Enumeration Of Target Offense Elements
    • F 402.5 Inst 6 Separation Of Compound Elements; Enumeration Of Non-Target Offense Elements
    • F 402.5 Inst 7 Clarification Of Ambiguous Language
  • F 402.6 Natural And Probable Consequences—Defense Theories
    • F 402.6 Inst 1 Prosecution Burden To Prove The Crime Was Not Independent Of The Common Plan
    • F 402.6 Inst 2 Lesser Offense Liability For Aider And Abettor
  • F 402.7 Natural And Probable Consequences— Preliminary Fact Issues [Reserved]
  • F 402.8 Natural And Probable Consequences—Unanimity/ Duplicity/ Multiplicity
    • F 402.8 Inst 1 Multiple Target Offenses: Non-Target Offense Must Be Natural And Probable Consequence Of Whichever Target Offense The Jurors Find
  • F 402.9 Natural And Probable Consequences—Lesser Offense Issues
    • F 402.9 Inst 1 Lesser Offense Liability For Aider And Abettor
  • F 402 NOTES
    • F 402 Note 1 CALCRIM Cross References And Research Notes
    • F 402 Note 2. Natural And Probable Consequences: Objective Standard
    • F 402 Note 3 Instruction On Uncharged Elements Of Target Offense
    • F 402 Note 4 Requirement That Jury Find Target Offense To Have Been Committed
    • F 402 Note 5 Whether Jury Must Unanimously Agree Upon The Acts Constituting The Target Offense
    • F 402 Note 6 Homicide Not A Natural And Probable Consequence Of A Gang Attack
    • F 402 Note 7 Homicide Not A Natural And Probable Consequence Of Robbery Or Burglary
    • F 402 Note 8 No Aider And Abettor Liability When Defendant Is Perpetrator Of “Target” Offense
    • F 402 Note 9 Aider And Abettor Liability: Guilt As To Target Crime
    • F 402 Note 10 Aider And Abettor’s Liability For Consequences: Application Of Merger (Ireland) Doctrine
    • F 402 Note 11 Constitutional Challenge To Natural And Probable Consequences Rule
    • F 402 Note 12 Killing Of Third Party Not A Natural And Probable Consequence Of Plan To Kill Another Person
    • F 402 Note 13 Foreseeability Rule Inapplicable To Felony Murder
    • F 402 Note 14 Aiding And Abetting Liability Where The Target Offense Consists Of The Same Act As The Actual Offense
    • F 402 Note 15 Aiding And Abetting: Consideration Of All Circumstances
    • F 402 Note 16 Natural And Probable Consequences Sua Sponte Instruction on Target Offense
    • F 402 Note 17 Natural And Probable Consequence: Requirement Of “Close Connection” Between Target Crime And Charged Crime
    • F 402 Note 18 Relevance Of Intoxication To Natural And Probable Consequences
    • F 402 Note 19 Natural And Probable Consequences Must Not Be Based On Target Offense In Abstract
    • F 402 Note 20 Assault With Force Likely To Produce Great Bodily Injury Is Not A Natural And Probable Consequence Of Simple Battery
    • F 402 Note 21 Natural And Probable Consequences: Applicability To Specific Intent Offenses
    • F 402 Note 22 Reliance On Natural And Probable Consequences Doctrine Precludes Consecutive Sentencing For Both The Target And Resulting Offenses
    • F 402 Note 23 No Murder Liability For Aiding And Abetting Misdemeanor
    • F 402 Note 24 Natural And Probable Consequences And Premeditation
    • F 402 Note 25 Knowledge That Accomplice Is Armed Is Factor To Consider On Issue Of Whether Homicide Was Foreseeable
  • F 403 Natural And Probable Consequences (Only Non-Target Offense Charged)
  • F 403.1 Natural And Probable Consequences—Title And Identification Of Parties
    • F 403.1 Inst 1 Natural And Probable Consequences—Title
    • F 403.1 Inst 2 Identification Of Prosecution And Defendant
  • F 403.2 Natural And Probable Consequences—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 403.3 Natural And Probable Consequences—Language That Is Argumentative, Confusing, Etc.
    • F 403.3 Inst 1 Jurors Not Required To Decide Guilt
  • F 403.4 Natural And Probable Consequences—Burden Of Proof Issues
    • F 403.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 403.4 Inst 2 Circumstance Need Not Be “Established By The Evidence” To Be Considered
  • F 403.5 Natural And Probable Consequences—Elements
    • F 403.5 Inst 1 Reasonable Person: Objective Standard
    • F 403.5 Inst 2 Natural And Probable Consequences Doctrine Should Be Limited To Aider And Abettor Liability
    • F 403.5 Inst 3 Natural And Probable Consequences: Permits Consideration Only Of Circumstances Known To The Aider And Abettor
    • F 403.5 Inst 4 When Is First Degree Murder A Natural And Probable Consequence Of The Target Offense
    • F 403.5 Inst 5 Enumeration Of Target Offense Elements
    • F 403.5 Inst 6 Separation Of Compound Elements; Enumeration Of Non-Target Offense Elements
  • F 403.6 Natural And Probable Consequences—Defense Theories
    • F 403.6 Inst 1 Prosecution Burden To Prove The Crime Was Not Independent Of The Common Plan
    • F 403.6 Inst 2 Lesser Offense Liability For Aider And Abettor
  • F 403.7 Natural And Probable Consequences—Preliminary Fact Issues [Reserved]
  • F 403.8 Natural And Probable Consequences—Unanimity/Duplicity/Multiplicity
    • F 403.8 Inst 1 Multiple Target Offenses: Non-Target Offense Must Be Natural And Probable Consequence Of Whichever Target Offense The Jurors Find
  • F 403.9 Natural And Probable Consequences—Lesser Offense Issues
    • F 403.9 Inst 1 Lesser Offense Liability For Aider And Abettor
  • F 403 NOTES
    • F 403 Note 1 Natural and Probable Consequences (Only Non-Target Offense Charged)—CALCRIM Cross References And Research Notes
    • F 403 Note 2 Natural And Probable Consequences: Objective Standard
    • F 403 Note 3 Instruction On Uncharged Elements Of Target Offense
    • F 403 Note 4 Requirement That Jury Find Target Offense To Have Been Committed
    • F 403 Note 5 Whether Jury Must Unanimously Agree Upon The Acts Constituting The Target Offense
    • F 403 Note 6 Homicide Not A Natural And Probable Consequence Of A Gang Attack
    • F 403 Note 7 Homicide Not A Natural And Probable Consequence Of Robbery Or Burglary
    • F403 Note 8 No Aider And Abettor Liability When Defendant Is Perpetrator Of “Target” Offense
    • F 403 Note 9 Aider And Abettor Liability: Guilt As To Target Crime
    • F 403 Note 10 Aider And Abettor’s Liability For Consequences: Application Of Merger (Ireland) Doctrine
    • F 403 Note 11 Constitutional Challenge To Natural And Probable Consequences Rule
    • F 403 Note 12 Killing Of Third Party Not A Natural And Probable Consequence Of Plan To Kill Another Person
    • F 403 Note 13 Foreseeability Rule Inapplicable To Felony Murder
    • F 403 Note 14 Aiding And Abetting Liability Where The Target Offense Consists Of The Same Act As The Actual Offense
    • F 403 Note 15 Aiding And Abetting: Consideration Of All Circumstances
    • F 403 Note 16 Natural And Probable Consequences Sua Sponte Instruction On Target Offense
    • F 403 Note 17 Natural And Probable Consequence: Requirement Of “Close Connection” Between Target Crime And Charged Crime
    • F 403 Note 18 Relevance Of Intoxication To Natural And Probable Consequences
    • F 403 Note 19 Natural And Probable Consequences Must Not Be Based On Target Offense In Abstract
    • F 403 Note 20 Assault With Force Likely To Produce Great Bodily Injury Is Not A Natural And Probable Consequence Of Simple Battery
    • F 403 Note 21 Natural And Probable Consequences: Applicability To Specific Intent Offenses
    • F 403 Note 22 Reliance On Natural And Probable Consequences Doctrine Precludes Consecutive Sentencing For Both The Target And Resulting Offenses
    • F 403 Note 23 No Murder Liability For Aiding And Abetting Misdemeanor
  • F 404 Intoxication(Case Law Discussing This Instruction)
  • F 404.1 Intoxication—Title And Identification Of Parties
    • F 404.1 Inst 1 Intoxication—Title
    • F 404.1 Inst 2 Identification Of Prosecution And Defendant
  • F 404.2 Intoxication—Tailoring To Facts: Persons, Places, Things And Theories
    • F 404.2 Inst 1 Improper Shifting Of Burden; Jurors Must Consider Evidence Of Intoxication
  • F 404.3 Intoxication—Language That Is Argumentative, Confusing, Etc.
    • F 404.3 Inst 1 Jurors Not Required To Decide
  • F 404.4 Intoxication—Burden Of Proof Issues
    • F 404.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
  • F 405B 414 Reserved
  • B. Conspiracy (415-420)
  • F 415 Conspiracy
  • F 415.1 Conspiracy: Title And Identification Of Parties
    • F 415.1 Inst 1 Conspiracy—Title
    • F 415.1 Inst 2 Identification Of Prosecution And Defendant
  • F 415.2 Conspiracy: Tailoring To Facts: Persons, Places, Things And Theories
    • F 415.2 Inst 1 Alleged Agreement Should Be Tailored To Facts
    • F 415.2 Inst 2 Reference To “The Crime” Should Be Tailored
  • F 415.3 Conspiracy: Language That Is Argumentative, Confusing, Etc.
    • F 415.3 Inst 1 Instructions Should Not Assume A Conspiracy Has Been Proven
    • F 415.3 Inst 2 Improper To Instruct That Agreement May Be Inferred From Conduct Indicating A “Common Purpose”
    • F 415.3 Inst 3 Improper Assumption Of Membership
    • F 415.3 Inst 4 Improper Argumentative And Duplicative Reference To Matters Which The Prosecution Does “Not Have To Prove”
    • F 415.3 Inst 5 Reference To “Formal” And “Detailed” As Erroneous And Vague
    • F 415.3 Inst 6 Reference To Perpetrator As “Alleged” Or By Name
    • F 415.3 Inst 7 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
  • F 415.4 Conspiracy: Burden Of Proof Issues
    • F 415.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 415.4 Inst 2 Conspiracy: Withdrawal Before Commission Of Overt Act—Prosecution Burden
    • F 415.4 Inst 3 Instructions Should Not Assume A Conspiracy Has Been Proven
    • F 415.4 Inst 4 Improper To Instruct That Agreement May Be Inferred From Conduct Indicating A “Common Purpose”
    • F 415.4 Inst 5 Restating Prosecution’s Burden In Conjunction With Inference Instruction
    • F 415.4 Inst 6 Unanimity: Specification Of Prosecution Burden
  • F 415.5 Conspiracy: Elements
    • F 415.5 Inst 1 Commission Of Conspiracy Rather Than Membership
    • F 415.5 Inst 2 Conspiracy: Separate Enumerations Of Intent And Agreement Elements
    • F 415.5 Inst 3 Prosecution Must Prove All Elements Of Target Crime
    • F 415.5 Inst 4 Overt Act Must Be Committed After Defendant And Alleged Co-Conspirator(s) Have Entered Into The Conspiratorial Agreement
    • F 415.5 Inst 5 Overt Act Must Be Independent Of The Agreement
    • F 415.5 Inst 6 Separate Enumeration Of Combined Elements
  • F 415.6 Conspiracy: Defense Theories
    • F 415.6 Inst 1 Merely Accompanying Or Associating With Members: Relating To All Elements Of Conspiracy
    • F 415.6 Inst 2 (a-c) Knowing Association Insufficient To Prove Conspiracy
    • F 415.6 Inst 3 Mere Awareness Of Conspiracy Not Sufficient To Convict
    • F 415.6 Inst 4 (a-c) Knowingly Helping To Accomplish The Conspiratorial Objective Is Insufficient
    • F 415.6 Inst 5 Mistake Of Law As Defense Theory To Specific Intent Element Of Conspiracy
  • F 415.7 Conspiracy: Preliminary Fact Issues [Reserved]
  • F 415.8 Conspiracy: Unanimity/Duplicity/Multiplicity
    • F 415.8 Inst 1 Unanimity: Specification Of Prosecution Burden
  • F 415.9 Conspiracy: Lesser Offense Issues [Reserved]
  • F 415 Revision History and Commentary
  • F 416 Evidence of Uncharged Conspiracy(Case Law Discussing This Instruction)
  • F 416.1 Evidence of Uncharged Conspiracy: Title And Identification Of Parties
    • F 416.1 Inst 1 Evidence Of Uncharged Conspiracy—Title
    • F 416.1 Inst 2 Identification Of Prosecution And Defendant
  • F 416.2 Evidence of Uncharged Conspiracy: Tailoring To Facts: Persons, Places, Things And Theories
    • F 416.2 Inst 1 Aiding And Abetting: Tailoring To Defendant And Perpetrator
  • F 416.3 Evidence of Uncharged Conspiracy: Language That Is Argumentative, Confusing, Etc.
    • F 416.3 Inst 1 Instructions Should Not Assume A Conspiracy Has Been Proven
    • F 416.3 Inst 2 Improper To Instruct That Agreement May Be Inferred From Conduct Indicating A “Common Purpose”
    • F 416.3 Inst 3 Improper Assumption Of Membership
    • F 416.3 Inst 4 Improper Argumentative And Duplicative Reference To Matters Which The Prosecution Does “Not Have To Prove”
    • F 416.3 Inst 5 Reference To “Formal” And “Detailed” As Erroneous And Vague
    • F 416.3 Inst 6 Reference To Perpetrator As “Alleged” Or By Name
    • F 416.3 Inst 7 Argumentative Language Should Be Balanced To Assure Jurors Consider All Relevant Evidence
  • F 416.4 Evidence of Uncharged Conspiracy: Burden Of Proof Issues
    • F 416.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 416.4 Inst 2 Commission Of Conspiracy Rather Than Membership
    • F 416.4 Inst 3 Instructions Should Not Assume A Conspiracy Has Been Proven
    • F 416.4 Inst 4 Improper To Instruct That Agreement May Be Inferred From Conduct Indicating A “Common Purpose”
    • F 416.4 Inst 5 Conspiracy: Withdrawal Before Commission Of Overt Act—Prosecution Burden
  • F 416.5 Evidence of Uncharged Conspiracy: Elements
    • F 416.5 Inst 1 Commission Of Conspiracy Rather Than Membership
    • F 416.5 Inst 2 Conspiracy: Separate Enumerations Of Intent And Agreement Elements
    • F 416.5 Inst 3 Prosecution Must Prove All Elements Of Target Crime
    • F 416.5 Inst 4 Overt Act Must Be Committed After Defendant And Alleged Co-Conspirator(s) Have Entered Into The Conspiratorial Agreement
    • F 416.5 Inst 5 Overt Act Must Be Independent Of The Agreement
    • F 416.5 Inst 6 Separate Enumeration Of Combined Elements
  • F 416.6 Evidence of Uncharged Conspiracy: Defense Theories
    • F 416.6 Inst 1 Merely Accompanying Or Associating With Members: Relating To All Elements Of Conspiracy
    • F 416.6 Inst 2 (a-c) Knowing Association Insufficient To Prove Conspiracy
    • F 416.6 Inst 3 Mere Awareness Of Conspiracy Not Sufficient To Convict
    • F 416.6 Inst 4 (a-c) Knowingly Helping To Accomplish The Conspiratorial Objective Is Insufficient
    • F 416.7 Evidence of Uncharged Conspiracy: Preliminary Fact Issues [Reserved]
  • F 416.8 Evidence of Uncharged Conspiracy: Unanimity/Duplicity/Multiplicity
    • F 416.8 Inst 1 Unanimity: Specification Of Prosecution Burden
  • F 416.9. Evidence Of Uncharged Conspiracy: Lesser Offense Issues [Reserved]\
  • F 416 Revision History and Commentary
  • F 417 Liability For Co-Conspirators’ Acts
  • F 417.1 Liability for Co-Conspirators’ Acts: Title And Identification Of Parties
    • F 417.1 Inst 1 Liability for Co-Conspirators’ Acts—Title
    • F 417.1 Inst 2 Identification Of Prosecution And Defendant
  • F 417.2 Liability for Co-Conspirators’ Acts: Tailoring To Facts: Persons, Places, Things And Theories
    • F 417.2 Inst 1 Tailoring; Requiring Finding That Defendant And Alleged Co-Conspirators Are Guilt Of Underlying Conspiracy
  • F 417.3 Liability for Co-Conspirators’ Acts Language That Is Argumentative, Confusing, Etc.
    • F 417.3 Inst 1 Deletion Of Duplicative Language
    • F 417.3 Inst 2 Membership In Conspiracy As Misleading Terminology
    • F 417.3 Inst 3 Deletion Of Duplicative And Argumentative Language
    • F 417.3 Inst 4 Deletion Of Duplicative And Argumentative Sentences
    • F 417.3 Inst 5 If Not Deleted, Argumentative Language Should Be Balanced
    • F 417.3 Inst 6 Balance Argumentative Language
  • F 417.4 Liability for Co-Conspirators’ Acts: Burden Of Proof Issues
    • F 417.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 417.4 Inst 2 (a & b) Relating Alleged Co-Conspirator Membership In The Conspiracy To Presumption Of Innocence
    • F 417.4 Inst 3 Relating Acts Done After Accomplishment Of Conspiracy Goals To Presumption Of Innocence
    • F 417.4 Inst 4 Natural And Probable Consequences: Circumstances “Established By The Evidence”
    • F 417.4 Inst 5 Common Plan Or Natural And Probable Consequences: Modification Of Burden Shifting Language
  • F 417.5 Liability for Co-Conspirators’ Acts: Elements
    • F 417.5 Inst 1 Membership In Conspiracy As Misleading Terminology
    • F 417.5 Inst 2 Definition Of Natural And Probable Consequences: Incorporate In Enumerated Elements
    • F 417.5 Inst 3 Tailoring; Requiring Finding That Defendant And Alleged Co-Conspirators Are Guilt Of Underlying Conspiracy
    • F 417.5 Inst 4 Natural And Probable Consequences: Specification Of Target Offense
  • F 417.6 Liability for Co-Conspirators’ Acts: Defense Theories [Reserved]
  • F 417.7 Liability for Co-Conspirators’ Acts: Preliminary Fact Issues [Reserved]
  • F 417.8 Liability for Co-Conspirators’ Acts: Unanimity/Duplicity/Multiplicity [Reserved]
  • F 417.9 Liability for Co-Conspirators’ Acts: Lesser Offense Issues [Reserved]
  • F 418 Co-Conspirator’s Statements
  • F 418.1 Co-Conspirator’s Statements: Title And Identification Of Parties
    • F 418.1 Inst 1 Co-Conspirator’s Statements—Title
    • F 418.1 Inst 2 Identification Of Prosecution And Defendant
  • F 418.2 Co-Conspirator’s Statements: Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 418.3 Co-Conspirator’s Statements: Language That Is Argumentative, Confusing, Etc. [Reserved]
  • F 418.4 Co-conspirator’s Statements: Burden Of Proof Issues
    • F 418.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 418.4 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 418.4 Inst 3 Relating Alleged Co-Conspirator Membership In The Conspiracy To Presumption Of Innocence
    • F 418.4 Inst 4 Co-Conspirator Statements: Prosecution Must Prove That Co-Conspirator Made The Statement Before The Object Of The Conspiracy Was Accomplished
    • F 418.4 Inst 5 Jurors Should Understand That Preponderance Standard Is Less Stringent Then Proof Beyond A Reasonable Doubt
  • F 418.5 Co-Conspirator’s Statements: Elements [Reserved]
  • F 418.6 Co-Conspirator’s Statements: Defense Theories [Reserved]
  • F 418.7 Co-Conspirator’s Statements: Preliminary Fact Issues [Reserved]
  • F 418.8 Co-Conspirator’s Statements: Unanimity/Duplicity/Multiplicity [Reserved]
  • F 418.9 Co-Conspirator’s Statements: Lesser Offense Issues [Reserved]
  • F 419 Acts Committed Or Statements Made Before Joining Conspiracy
  • 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]
  • F 420 Withdrawal From Conspiracy(Case Law Discussing This Instruction)
  • F 420.1 Withdrawal From Conspiracy: Title And Identification Of Parties
    • F 420.1 Inst 1 Withdrawal From Conspiracy—Title
    • F 420.1 Inst 2 Identification Of Prosecution And Defendant
  • F 420.2 Withdrawal From Conspiracy: Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
  • F 420.3 Withdrawal From Conspiracy: Language That Is Argumentative, Confusing, Etc.
    • F 420.3 Inst 1 Deletion Of Argumentative Language
  • F 420.4 Withdrawal From Conspiracy: Burden Of Proof Issues
    • F 420.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 420.4 Inst 2 Conspiracy: Withdrawal Before Commission Of Overt Act—Prosecution Burden
    • F 420.4 Inst 3 Correction Of Burden Shifting Language
    • F 420.4 Inst 4 Withdrawal From Conspiracy: Who Has Burden Of Proof
    • F 420.4 Inst 5 Conspiracy: If Jurors Have A Reasonable Doubt Whether Or Not Defendant Withdrew They Must Acquit
  • F 420.5 Withdrawal From Conspiracy: Elements [Reserved]
  • F 420.6 Withdrawal From Conspiracy: Defense Theories [Reserved]
  • F 420.7 Withdrawal From Conspiracy: Preliminary Fact Issues [Reserved]
  • F 420.8 Withdrawal From Conspiracy: Unanimity/Duplicity/Multiplicity [Reserved]
  • F 420.9 Withdrawal From Conspiracy: Lesser Offense Issues [Reserved]
  • F 421B 439 Reserved
  • C. Accessory And Solicitation (440-443)
  • F 440 Accessories
    • F 440 Inst 1 Failure Or Refusal To Give Information Not Alone Sufficient For Accessory Liability
    • F 440 Note 1 Accessories: CALCRIM Cross References And Research Notes
    • F 440 Note 2 Whether Perpetrator May Be Convicted As Accessory
  • F 441 Solicitation: Elements [No Forecite Entries On This Instruction]
  • F 441 Notes
    • F 441 Note 1 Whether An Attempt Charge May Be Based On A Mere Solicitation
  • F 442 Solicitation of a Minor [No Forecite Entries On This Instruction]
  • F 443 Compelling Another to Commit Crime [No Forecite Entries On This Instruction]
  • F 444B 449 Reserved
  • D. Corporate Officers (450-451)
  • F 450 Liability of Corporate Officers and Agents: Single Theory of Liability [No Forecite Entries On This Instruction]
  • F 451 Liability of Corporate Officers and Agents: Two Theories of Liability [No Forecite Entries On This Instruction]
  • F 452B 459 Reserved
  • E. Attempt (460)
  • F 460 Attempt Other Than Attempted Murder
  • F 460.1 Attempt Other Than Attempted Murder: Title And Identification Of Parties
    • F 460.1 Inst 1 Attempt Other Than Attempted Murder—Title
    • F 460.1 Inst 2 Identification Of Prosecution And Defendant
  • F 460.2 Attempt Other Than Attempted Murder: Tailoring To Facts: Persons, Places, Things And Theories
    • F 460.2 Inst 1 Attempt: Deletion Of Argumentative And Duplicative Language
  • F 460.3 Attempt Other Than Attempted Murder: Language That Is Argumentative, Confusing, Etc.
    • F 460.3 Inst 1 No Duty To Decide
  • F 460.4 Attempt Other Than Attempted Murder: Burden Of Proof Issues
    • F 460.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
    • F 460.4 Inst 2 Attempt: Avoiding Burden Shifting Sentence Structure
  • F 460.5 Attempt Other Than Attempted Murder: Elements And Definitions [Reserved]
  • F 460.6 Attempt Other Than Attempted Murder: Defense Theories [Reserved]
  • F 460.7 Attempt Other Than Attempted Murder: Preliminary Fact Issues [Reserved]
  • F 460.8 Attempt Other Than Attempted Murder: Unanimity/ Duplicity/ Multiplicity [Reserved]
  • F 460.9 Attempt Other Than Attempted Murder: Lesser Offense Issues [Reserved]
  • F 460 Notes
    • F 460 Note 1 Whether An Attempt Charge May Be Based On A Mere Solicitation
    • F 460 Note 2 Attempt Instruction Restates Common Meaning Of Attempt
  • F 461B 499 Reserved
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