voluntarily joined it during its existence, intending to achieve the common goal(s) or objective(s) and to work together with the other alleged conspirators toward (that) goal(s) or objective(s). (those) The government need not prove that knew everything about the (name) conspiracy or that knew everyone involved in it, or that was a (he) (she) (he) (she) member from the beginning. The government also does not have to prove that played a major or substantial role in the conspiracy. (name) You may consider both direct evidence and circumstantial evidence in deciding whether joined the conspiracy, knew of its criminal objective(s), and (name) intended to further the objective(s). Evidence which shows that only knew (name) about the conspiracy, or only kept company” by associating with members of “bad the conspiracy, or was only present when it was discussed or when a crime was committed, is not sufficient to prove that was a member of the conspiracy (name) even if approved of what was happening or did not object to it. Likewise, (name) evidence showing that may have done something that happened to help a (name) conspiracy does not necessarily prove that joined the conspiracy. You (he) (she) may, however, consider this evidence, with all the other evidence, in deciding whether the government proved beyond a reasonable doubt that joined the (name) conspiracy. Comment 2 O’Malley et al, supra, § 31.05. For variations in other Circuits, Sixth Circuit § See see
voluntarily joined it during its existence, intending to achieve the common goal(s) or objective(s) and to work together with the other alleged conspirators toward (that) (those) goal(s) or objective(s). The government need not prove that (name) knew everything about the conspiracy or that (he) (she) knew everyone involved in it, or that (he) (she) was a member from the beginning. The government also does not have to prove that (name) played a major or substantial role in the conspiracy. You may consider both direct evidence and circumstantial evidence in deciding whether (name) joined the conspiracy, knew of its criminal objective(s), and intended to further the objective(s). Evidence which shows that (name) only knew about the conspiracy, or only kept “bad company” by associating with members of the conspiracy, or was only present when it was discussed or when a crime was committed, is not sufficient to prove that (name) was a member of the conspiracy even if (name) approved of what was happening or did not object to it. Likewise, evidence showing that (name) may have done something that happened to help a conspiracy does not necessarily prove that (he) (she) joined the conspiracy. You may, however, consider this evidence, with all the other evidence, in deciding whether the government proved beyond a reasonable doubt that (name) joined the conspiracy. Comment See 2 O’Malley et al, supra, § 31.05. For variations in other Circuits, see Sixth Circuit §
Chapter%206%20Conspiracy%20Rev%20April%202015.docx