General Matters of the UNANIMITY OF THEORY
Jurisdiction | United States |
Section | General Matters |
Notes | This instruction should be used when the government introduces evidence that the defendant has committed multiple acts which may constitute an element of the crime. See, e.g., 21 U.S.C. § 848 (Continu- ing Criminal Enterprise) (may require proof of a series of federal drug violations). See Richardson v. United States, 526 U.S. 813, 817–18, 824 (1999). In that instance the jury must agree on which acts were commit- ted and the requisite number of acts, if multiple acts are required by the statute, before a guilty verdict may be returned. This instruction should not be given when evidence concerning various means of com- mitting the crime has been introduced. See United States v. Weller, 238 F.3d 1215, 1219–20 (10th Cir. 2001); United States v. Powell, 226 F.3d 1181, 1194–95 (10th Cir. 2000). |
1.24
GENERAL MATTERS
39
1.24
UNANIMITY OF THEORY
Your verdict must be unanimous. Count ——— of the
indictment accuses the defendant of committing the follow-
ing acts: [description of individual acts].
The government does not have to prove all of these dif-
ferent acts for you to return a guilty verdict on count ———.
But in order to return a guilty verdict, all twelve of you
must agree upon which of the listed acts, if any, the
defendant committed and that he committed at least
[number of acts identified above] of the acts listed.
Comment
This instruction is modeled on language from Richardson v. United
States, 526 U.S. 813, 817–18, 824 (1999).
Use Note
This instruction should be used when the government introduces
evidence that the defendant has committed multiple acts which may
constitute an element of the crime. See, e.g., 21 U.S.C. § 848 (Continu- ing
Criminal Enterprise) (may require pro of of a series of federal drug
violations). See Richardson v. United States, 526 U.S. 813, 817–18, 824
(1999). In that instance the jury must agree o n which acts were commit-
ted and the requisite number o f acts, if multiple acts are required by the
statute, before a guilty verdict may be returned. This instruction should
not be given when evidence concerning various means of com- mitting the
crime has been introduced. See United States v. Weller, 238 F.3d 1215,
1181, 1194–95 (10th Cir. 2000).
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