Does a judge's failure to define specific intent within the body of the conspiracy charge in the instructions render the instructions inadequate?

MultiRegion, United States of America

The following excerpt is from U.S. v. McHenry, 951 F.2d 364 (9th Cir. 1991):

Defendants contend that the judge's failure to give the definition of specific intent within the body of the conspiracy charge rendered the instructions inadequate. This contention does not have merit. The instructions as a whole fairly apprised the jury of the requisite elements of each crime. See United States v. Garcia-Rodriguez, 558 F.2d 956, 965-66 (9th Cir.1977) (instructions must "fairly and adequately" explain charges), cert. denied, 434 U.S. 1050 (1978). The trial judge mentioned the element of specific intent twice in connection with the conspiracy charge--once during the instructions on conspiracy and then again at the very end of the instructions. See id. at 965 (total instructions adequate when judge mentioned specific intent at least three times). The fact that the trial judge chose not to define specific intent until the end of the instructions does not render the instructions inadequate. Specific intent is an element of all the crimes charged in the indictment; it is not unreasonable to define that element at the very end of the instructions.

B. Good Faith Instruction

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