2.01 Introduction

• Currency: 2023
• Year: 2023
• Section: Chapter 2 Defining The Crime And Related Matters

2.01 INTRODUCTION

(1) That concludes the part of my instructions explaining your duties and the general rules that

apply in every criminal case. In a moment, I will explain the elements of the crime that the

defendant is accused of committing.

(2) But before I do that, I want to emphasize that the defendant is only on trial for the particular

crime charged in the indictment (and the lesser charges that I will explain to you). Your job is

limited to deciding whether the government has proved the crime charged (or one of those lesser

charges).

[(3) Also keep in mind that whether anyone else should be prosecuted and convicted for this

crime is not a proper matter for you to consider. The possible guilt of others is no defense to a

criminal charge. Your job is to decide if the government has proved this defendant guilty. Do

not let the possible guilt of others influence your decision in any way.]

Use Note

Any changes made in paragraphs (2) and (3) should be made in paragraphs (1) and (2) of

Instruction 8.08 as well.

Bracketed paragraph (3) should be included only if the possible guilt of others has been

raised during the trial. Modifications of this paragraph may be necessary in conspiracy, aiding

and abetting, alibi or mistaken identification cases, where the possible guilt of others may be a

legitimate issue.

Committee Commentary 2.01

(current through March 1, 2023)

In United States v. Ballentine, 1999 WL 1073653, 1999 U.S. App. LEXIS 30164 (6th

Cir. 1999) (unpublished), a panel of the Sixth Circuit held that it was not error to give Pattern

Instruction 2.01(3) without modification even though the defendant argued someone else had

committed the crime.

Paragraph (3) of this instruction is bracketed to indicate that it should not be given in

every case. If the possible guilt of others has not been raised during trial, this paragraph is

unnecessary and should be omitted to avoid confusion. Note also that this paragraph may

require modification in cases where vicarious criminal liability is alleged, such as conspiracy or

aiding and abetting cases. In such cases, the jury may legitimately be required to decide the guilt

of other persons not charged in the indictment.

Paragraph (3) may also require modification in cases where the defendant has raised an

alibi defense, or has argued mistaken identification. Where the defendant claims that someone

else committed the crime, it may be confusing to instruct the jurors that they should not be

concerned with anyone else's guilt.