proposed jury instructions

GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. If you would like to comment on the proposed new uniform jury instructions set forth below Thus, in order for a corporation to be legally responsible for the acts or statements of its agent, you must find that the agent was acting within his apparent authority. Source: 18 U.S.C. . 53 0 obj <> endobj denied, 469 U.S. 881 (1985) (modified); United States v. Cadillac Overall Supply Co., 568 F.2d 1078 (5th Cir. Do not reach a conclusion on a particular point just because there were more witnesses testifying for one side on that point. . Tex.). shall be guilty of an offense against the United States. . The government need not show that the conspiracy itself actually had an effect on interstate commerce, although such proof would also be sufficient to establish this element. 1992); United States v. John J. Johnson, No. Model Civil Jury Charges are meant to assist legal research. In other words, the mere agreement or understanding, whether formal, informal, or tacit, to do one or more of the things charged in the indictment constitutes the offense. PROPOSED JURY INSTRUCTIONS – DAMAGES Filed: July 1, 2014 Trial: July 17, 2019 Case 2:15-cv-05642-CAS-JC Document 447 Filed 07/30/19 Page 1 of 3 Page ID #:7981 JURY INSTRUCTION NO. (1) All proposed instructions must be submitted to the court in the form and format prescribed for papers in the rules in division 2 of this title. denied, 486 U.S. 1035 (1989); United States v. Larson, 722 F.2d 139, 144 (5th Cir. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Tex. ァ 371; 2 Devitt, Blackmar and O'Malley, Federal Jury Practice and Instructions, ァァ 28.01-28.02 (4th ed. A bid-rigging conspiracy, such as the one charged in the indictment, cannot therefore be justified under the law, even though the conspiracy may have been formed, or engaged in, to prevent or halt ruinous competition, or to eliminate the evils of price cutting, or to give each competitor what the conspirators think is his fair share of the market. Under D. Kan. … While the government's burden of proof is a strict or heavy burden, it is not necessary that the defendant's guilt be proved beyond all possible doubt. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Page 25. Tex. Prepared by the Judicial Conference Committee on. P. 30 in criminal cases) and D. Kan. R. 51.1. Source: ABA, Sample Jury Instructions in Criminal Antitrust Cases, No. For you to find the defendant guilty of this crime, you must be convinced that the government has proved each of the following beyond a reasonable doubt: First: That two or more persons made an agreement to commit the crime of mail fraud as charged in Count III of the indictment; Second: That the defendant knew the unlawful purpose of the agreement and joined in it willfully, that is, with the intent to further the unlawful purpose; and Third: That one of the conspirators during the existence of the conspiracy knowingly committed at least one of the overt acts described in the indictment, in order to accomplish some object or purpose of the conspiracy. CR-H-92-152 (S.D. Proposed instructions in jury cases shall be submitted in compliance with Fed. 1990), aff'd, 962 F.2d 465 (5th Cir. 1990) (modified). Then I will give you some specific rules of law about this particular case, and finally I will explain to you the procedures you should follow in your deliberations. 26 COUNT II OFFENSE CHARGED -- STATUTE DEFINING OFFENSE Count II of the indictment charges that on or about August 15, 1989, in the Southern District of Texas, the defendant knowingly and willfully made and caused to be made certain false writings and documents, knowing the same to contain false, fictitious and fraudulent statements and entries as to material facts, in matters within the jurisdiction of the Veterans Administration, an agency of the United States of America. That was the promise you made and the oath you took before being accepted by the parties as jurors, and they have the right to expect nothing less. Amendments to jury instructions regarding translations. But do not give up your honest beliefs as to the weight or effect of the evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. 1977) (modified). Tex.). The committee proposes the following: • 7.11 – PRELIMINARY INSTRUCTIONS IN PENALTY PROCEEDINGS – CAPITAL CASES • 7.11(a) – FINAL INSTRUCTIONS IN PENALTY PROCEEDINGS – … Mere presence at the scene of an event, or mere similarity of conduct among various persons and the fact that they may have associated with each other, and may have assembled together and discussed common aims and interests, does not necessarily establish proof of the existence of a conspiracy. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. Court's instructions in United States v. John J. Johnson, No. Under Iowa law any jury instructions might be challenged in the usual manner on appeal to this court. 21 MOTIVES PROMPTING CONSPIRACY IMMATERIAL A conspiracy to rig bids in or affecting interstate trade and commerce is unlawful, even though the conspiracy may be formed or engaged in for what appear to the conspirators to be laudable motives. H-88-29 (S.D. . CR-H-92-152 (S.D. 2.46 (1990) (modified). 1992) (modified). Also, a person who has no knowledge of a conspiracy, but who happens to act in a way which advances some object or purpose of a conspiracy, does not thereby become a conspirator. The word "willfully" as that term has been used from time to time in these instructions, means that the act was committed voluntarily and purposely, with the specific intent to do something the law forbids. H-88-29 (S.D. 1990 & Supp. COUNT I - OFFENSE CHARGED -- STATUTE....................19 DEFINING OFFENSE 18. Tex. ), which is referred to hereinafter as "Devitt." Share sensitive information only on official, secure websites. H-88-29 (S.D. Tex.). Nor does the law require the prosecution to produce as exhibits all papers and things mentioned in the evidence. ABA, Sample Jury Instructions in Criminal Antitrust Cases, No. H-88-29 (S.D. HONORABLE DAVID HITTNER United States District Judge, CERTIFICATE OF SERVICE This is to certify that true and correct copy of the foregoing Government's Proposed Jury Instructions has been served upon Joel M. Androphy, Esq. [3] Forty-eight states ( Texas and West Virginia are the exceptions) have a model set of instructions, usually called "pattern jury instructions", which provide the framework for the charge to the jury; sometimes, only names and circumstances have to be filled in for a particular case. Open PDF file, 11.2 KB, for 1.140 Alternate preliminary instruction to jury before trial (PDF 11.2 KB) Recent Revision 1989 Open PDF file, 10.35 KB, for 1.160 Notetaking by jurors (PDF 10.35 KB) Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. The foregoing jury instructions were given to the jury on this day of 1994. . denied, 466 U.S. 987 (1984). Respectfully submitted, ' " • J . 34 PERIOD OF THE CONSPIRACY The evidence in the case need not establish the exact time during which the alleged conspiracies existed. 2 DUTY TO FOLLOW INSTRUCTIONS You, as jurors, are the judges of the facts. Pattern Jury Instructions. So, any unreasonable interference, by contract or combination or conspiracy, with the ordinary, usual and freely-competitive pricing or distribution system of the open market in interstate trade and commerce, constitutes an unreasonable restraint of interstate trade, and is in itself unlawful; and, if knowingly done, is a federal offense under the Sherman Antitrust Act. No. ELEMENTS OF SHERMAN ACT OFFENSES........................21 20. 12 CAUTION -- PUNISHMENT If the defendant is found guilty, it will be my duty to decide what the punishment will be. , ECF 187, and Local Rule 51.1, Defendants James Elmer Mitchell and John “Bruce” Jessen (“Defendants”), hereby submit the following set of proposed jury instructions for use at trial. Court's instruction in United States v. All Star, et al., Crim. 1.05 (1990); Court's instructions in United States v. John J. Johnson, No. 19 ELEMENTS OF SHERMAN ACT OFFENSES For you to find the defendant guilty of the crime charged in Count I of the indictment, you must be convinced that the government has proved each of the following beyond a reasonable doubt: First: That the conspiracy described was knowingly formed, and was existing at or about the time alleged; Second: That the defendant knowingly became a member of the conspiracy; and Third: That the conspiracy either affected interstate commerce or occurred within the flow of interstate commerce. Court's instructions in United States v. John J. Johnson, No. In doing so, you must consider all of the evidence. I have admitted the transcripts for the limited and secondary purpose of aiding you in following the content of the conversations as you listen to the tape recordings, and also to aid you in identifying the speakers. Court's instructions in United States v. John J. Johnson, No. CR-H-92-152 (S.D. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. conspiracy declared by sections 1-7 of this title to be illegal shall be . If you should determine that the transcripts are in any respect incorrect or unreliable, you should disregard them to that extent. In other words, the government must show an overt act in furtherance of the conspiracy only to prove the conspiracy to commit mail fraud, not to prove the Sherman Act conspiracy. on Antitrust Law, American Bar Ass'n, Sample Jury Instructions in Criminal Antitrust Cases, No. Page 15. It is a kind of "partnership in crime" in which each member becomes the agent of every other member. Page 24. endstream endobj 54 0 obj <. When you go to the jury room, the first thing that you should do is select one of your number as your foreperson, who will help to guide your deliberations and will speak for you here in the courtroom. Source: 18 U.S.C. COUNT II - OFFENSE CHARGED -- STATUTE...................29 DEFINING OFFENSE 27. 1.40 (1990) (modified). You should not be concerned with or speculate about why alleged co-conspirators have not been included. JURY INSTRUCTIONS ... JURY INSTRUCTION NO. 1.22 (1990). 2.21 (1990) (modified). It is not necessary to show that the Veterans Administration was in fact misled. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. 1990), aff'd, 962 F.2d 465 (5th Cir. Criminal Jury Instructions Resource Center Civil Jury Instructions Resource Center To address possible inappropriate use of social media and the internet by jurors, the attached poster was developed for distribution to California trial courts. Please contact the relevant committee or staff person if you have questions or are interested in the work of the committee. Source: 2 Devitt & Blackmar, Federal Jury Practice and Instructions, ァ 55.15 (3d ed. CR-H-92-152 (S.D. In making up your mind and reaching a verdict, do not make. However, you are specifically instructed that whether the transcripts correctly or incorrectly reflect the content of the conversations or the identity of the speakers is entirely for you to determine based upon your own evaluation of the testimony you have heard concerning the preparation of the transcripts and from your own examination of the transcripts in relation to your hearing of the tape recordings themselves as the primary evidence of their contents. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. [Explain Verdict Form] The foreperson will write the unanimous answer of the jury in the space provided for in each count of the indictment, either guilty or not guilty. Tex. H-88-29 (S.D. Rather, the government must prove that the scheme to defraud reasonably contemplated the use of the mail or that the use of the mail was reasonably foreseeable or that the conspirators intended that the mails be used in furtherance of the scheme. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. This last element is not an element of the conspiracy charged in Count I. Tex.). GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. to commit any offense against the United States, . guilty of an offense against the laws of the United States. These proposed jury instructions are based largely on the model instructions contained in Devitt, Blackmar & O'Malley, Federal Jury Practice & Instructions (4th ed. CREDIBILITY OF WITNESSES................................9,10 10. It is not necessary that the government prove all of the details alleged in the indictment concerning the precise nature and purpose of the scheme, or that the material mailed was false, or fraudulent, or that the alleged scheme actually succeeded in defrauding anyone, or that the use of the mails was intended as the specific or exclusive means of accomplishing the alleged fraud. . CR-H-92-152 (S.D. 16 CONSPIRACY The existence of a conspiracy is an essential element of the offenses charged in Counts I and III of the indictment and must be proved by the government beyond a reasonable doubt. You will never have to explain your verdict to anyone. CR-H-92-152 (S.D. Updated June 2020. Proposed jury instructions for capital cases The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following new and amended instructions for comment. 35 JURISDICTION AND VENUE Before you can find the defendant guilty of committing the crimes charged in either Count I or Count III of the Indictment, you must find beyond reasonable doubt that within the five-year period immediately preceding March 21, 1994, some means, methods or practices were employed by or under the authority of the members of each of the alleged conspiracies within the Southern District of Texas. You should consider the evidence presented concerning the preparation and accuracy of those charts and summaries, and give each of them such weight as you believe it deserves. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. Authority: United States v. Maze, 414 U.S. 395, 399 (1974); United States v. Massey, 827 F.2d 995 (5th Cir. 1.35 (1990) (modified). Generally §6:30 Broad Instruction. UNINDICTED CO-CONSPIRATORS..............................12 12. Court's instructions in United States v. John J. Johnson, No. That is to say, authority to act for a corporation, like any other fact in issue in a criminal case, need not be established by direct evidence, but may be established by circumstantial evidence. Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs. CR-H-92-152 (S.D. Court's instructions in United States v. All Star, et al., Crim. What the lawyers say is not binding upon you. Please contact the relevant committee or staff person if you have questions or are interested in the work of the committee. Court's instructions in United States v. John J. Johnson, No. 1.09 (1990). Proposed Model Jury Instructions. CR-H-92-152 (S.D. It is your duty to apply the law as I explain it to you, regardless of the consequences. Nor must it prove that all of the persons alleged to have been members of a conspiracy were such, or that alleged conspirators actually succeeded in accomplishing their unlawful objectives. It should not enter your consideration or discussions. No. 8 AND/OR CAUTIONARY INSTRUCTION DURING TRIAL -- TRANSCRIPT OF TAPE RECORDED CONVERSATION Exhibits have been identified as typewritten transcripts of the oral conversations which can be heard on the tape recordings received in evidence as Exhibits . 2.21 (1990) (modified); 2 Devitt, Blackmar and O'Malley, Federal Jury Practice And Instructions, ァ 28.07 (4th ed. PLAINTIFF'S PROPOSED JURY INSTRUCTIONS . GOVERNMENT'S PROPOSED JURY INSTRUCTION NO. 5.06C (1989) (modified); Court's instructions in United States v. John J. Johnson, No. Tex.). 24 BID-RIGGING PER SE UNREASONABLE Bid rigging is an agreement between two or more persons to eliminate, reduce, or interfere with competition for a job or contract that is to be awarded on the basis of bids. 29 COUNT III NATURE OF OFFENSE - STATUTE DEFINING OFFENSE Count III of the indictment charges that beginning at least as early as 1985 and continuing until at least as late as May 1990, in the Southern District of Texas, the defendant and co-conspirators did knowingly and willfully conspire, combine and agree with each other to commit offenses against the United States, that is, to use and cause to be used the United States mails in furtherance and execution of a scheme and artifice to defraud public school districts in southeastern Texas of money and property by means of false and fraudulent representations, in violation of 18 U.S.C. of Antitrust Law, American Bar Ass'n, Sample Jury Instructions in Criminal Antitrust Cases, No. CR-H-92-152 (S.D. Their testimony was received in evidence and may be considered by you. Tex. But in determining what actually happened -- that is, in reaching your decision as to the facts -- it is your sworn duty to follow all of the rules of law as I explain them to you. No. In this case, if you find beyond a reasonable doubt that the defendant was a member of a conspiracy to rig bids as alleged in Count I of the indictment, then you need not decide whether such conspiracy was reasonable or unreasonable because, as I have just explained, an agreement among competitors not to compete for contracts by submitting collusive bids is per se unreasonable and a violation of the. Court's instructions in United States v. All Star, et al., Crim. 1978), cert. Court's instructions in United States v. John J. Johnson, No. CR-H-92-152 (S.D. It is also my duty at the end of the trial to explain to you the rules of law that you must follow and apply in arriving at your verdict. Source: Pattern Jury Instructions (Criminal Cases), Fifth Circuit, No. Source: Court's instructions in United States v. All Star, et al., Crim. PROOF OF INTENT.........................................38 34. PURPOSE OF SHERMAN ACT..................................20 19. ONE: SYMPATHY1 Under your oath as jurors you are not to be swayed by sympathy. 1.08 (Alternative A) (1990); Court's instructions in United States v. John J. Johnson, No. 1988). If a defendant understands the unlawful nature of a plan or scheme and knowingly and intentionally joins in that plan or scheme on one occasion, that is sufficient to convict him for conspiracy even though the defendant had not participated before and even though the defendant played only a minor part. 20 SPECIFIC INTENT NEED NOT BE PROVED To establish the required intent for Count I of the Indictment the government must prove beyond a reasonable doubt that the defendant knowingly did something which the law forbids. .. an offense against the United States has been committed. 1 INTRODUCTION Members of the Jury: In any jury trial there are, in effect, two judges. The Use of Electronic Technology to Learn. Tex. This district includes Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, and Wharton Counties. Tex.)(modified). 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