General Matters of the CAUTION—CONSIDER ONLY CRIME CHARGED

JurisdictionUnited States
SectionGeneral Matters
NotesThe Committee suggests that this instruction be given if the defendant has an instruction as to a person other than the defendant being guilty of the crime. Modification of this instruction will be necessary in those cases where the evidence necessarily raises the question of the guilt of others such as conspiracy or aiding and abetting. Modification should also be considered in cases in which an alibi or mistaken identification is raised.
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1.19
GENERAL MATTERS
1.19
CAUTIONCONSIDER ONLY CRIME CHARGED
You are here to decide whether the government has
proved beyond a reasonable doubt that the defendant is
guilty of the crime charged. The defendant is not on trial for
any act, conduct, or crime not charged in the indictment.
It is not up to you to decide whether anyone who is not
on trial in this case should be prosecuted for the crime
charged. The fact that another person also may be guilty is
no defense to a criminal charge.
Comment
See United States v. Oberle, 136 F.3d 1414, 142223 (10th Cir. 1998),
approving instruction directing jury not to concern themselves with the
guilt of anyone except the defendant over objection that it directed jurors
to ignore defendant’s defense of mistaken identity.
Use Note
The Committee suggests that this instruction be given if the
defendant has an instruction as to a person other than the defendant
being guilty of the crime.
Modif‌ication of this instruction will be necessary in those cases where
the evidence necessarily raises the question of the guilt of others such as
conspiracy or aiding and abetting.
Modif‌ication should also b e considered in cases in which an alibi or
mistaken identif‌ication is raised.

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