Does the court's failure to include in its charge that each defendant must be shown solely by his own acts and deeds error in determining whether or not he knowingly joined a conspiracy?

MultiRegion, United States of America

The following excerpt is from United States v. Baker, 419 F.2d 83 (2nd Cir. 1969):

Neither was the court's failure to include in its charge a specific statement that each defendant's participation in the conspiracy must be shown solely by his own acts and deeds error. We have held that in a conspiracy case the court must make a preliminary determination whether, if the testimony of the government witnesses is accepted as true, each defendant's own acts and statements show a connection with the conspiracy sufficient to justify the admission of the acts and statements of co-conspirators against him. United States v. Stromberg, 268 F.2d 256 (2d Cir.), cert. denied, 361 U.S. 863, 80 S.Ct. 119, 4 L.Ed.2d 102 (1959); United States v. Ragland, 375 F.2d 471 (2d Cir.1967), cert. denied, 390 U.S. 925, 88 S.Ct. 860, 19 L.Ed.2d 987 (1968). Once the judge has made such a determination, as he did in this case by denying a motion for acquittal on the conspiracy

[419 F.2d 89]

count, the jury may consider the acts and declarations of co-conspirators made in furtherance of the common scheme in determining whether the elements of the crime of conspiracy, including purposeful entry into the conspiracy, are present.

[419 F.2d 89]

Therefore, that portion of the court's instructions which charged, "in determining whether or not the defendant knowingly joined a conspiracy, you should examine and consider all the evidence in the case," was entirely proper. United States v. Nuccio, 373 F.2d 168, 173 (2d Cir.), cert. denied, 387 U.S. 906, 87 S.Ct. 1688, 18 L.Ed.2d 623 (1965).

Other Questions


What is the test for determining whether a jury convicted a defendant of a range of criminal charges, including conspiracy to pervert the course of justice, has been found guilty of all charges relevant to this appeal? (MultiRegion, United States of America)
Does a federal court's failure to conduct a foreseeability analysis to determine the amount attributable to each defendant convicted of conspiracy to commit a conspiracy to obstruct the course of justice affect sentencing? (MultiRegion, United States of America)
Is a superior court's failure to grant a motion requiring the superior court to grant notice of error reversible error? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a defendant is guilty of a lesser included offence but innocent of the included offense? (MultiRegion, United States of America)
What are the factors used by the New York State Court to determine whether a defendant should be prosecuted for contempt of court? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
How has the US Supreme Court interpreted the instruction that a finding of conspiracy against a defendant does not mandate acquittal of a defendant where there is evidence of other conspiracies? (MultiRegion, United States of America)
What is the test for determining whether a court committed plain error by failing to correct an error? (MultiRegion, United States of America)
What is the clear error standard for determining whether a defendant has been released from prison without charge? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.