2.01b Separate Consideration -- Multiple Defendants Charged With a Single Crime

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

2.01B SEPARATE CONSIDERATION--MULTIPLE DEFENDANTS CHARGED WITH

A SINGLE CRIME

(1) The defendants have all been charged with one crime. But in our system of justice, guilt or

innocence is personal and individual. It is your duty to separately consider the evidence against

each defendant, and to return a separate verdict for each one of them. For each defendant, you

must decide whether the government has presented evidence proving that particular defendant

guilty beyond a reasonable doubt.

(2) Your decision on one defendant, whether it is guilty or not guilty, should not influence your

decision on any of the other defendants.

Committee Commentary 2.01B

(current through March 1, 2023)

In United States v. Mayes, 512 F.2d 637, 641 (6th Cir. 1975), the Sixth Circuit quoted

with approval Justice Rutledge's admonition in Kotteakos v. United States, 328 U.S. 750, 772

(1946):

Guilt with us remains individual and personal, even as respects conspiracies. It is not a

matter of mass application. There are times when of necessity, because of the nature and

scope of the particular federation, large numbers of persons taking part must be tried

together or perhaps not at all, at any rate as respects some. When many conspire, they

invite mass trial by their conduct. Even so, the proceedings are exceptional to our

tradition and call for use of every safeguard to individualize each defendant in his

relation.

The proposed instruction is based on these principles, and on the instructions given by the

district court in United States v. United States Gypsum Co., 550 F.2d 115, 127-128 n.12 (3d Cir.

1977), which were affirmed by the Supreme Court in United States v. United States Gypsum

Co., 438 U.S. 422, 462-63 (1978).