General Matters of the CAUTION—CONSIDER ONLY CRIME CHARGED

• Jurisdiction: United States
• Currency: Updated July 14, 2023
• Section: General Matters
• Notes: 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 be considered in cases in which an alibi or mistaken identification is raised.

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1.19

GENERALMATTERS

1.19

CAUTION—CONSIDERONLYCRIMECHARGED

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, 1422–23 (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.

UseNote

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 be considered in cases in which an alibi or

mistaken identif‌ication is raised.