First: That acts constituting the offense(s) charged were committed by (name of other person); Second: That had the mental state required for the offense (name of defendant) that caused to commit. In this case that (he) (she) (name of other person) means the government must prove beyond a reasonable doubt that (name) acted and (state the mental state required for the offense charged); Third: That willfully caused to commit the acts (name) (name of other person) constituting In this case that means the government (state offense charged). must prove beyond a reasonable doubt that willfully caused (name) (name of to To find that other person) (state the acts required for the offense charged). this other person to commit those acts, you must find that (name) “caused” the government proved beyond a reasonable doubt that brought about (name) those acts. As I stated, the government must prove beyond a reasonable doubt that (name committed the acts constituting the offense. However, it is not of other person) necessary for you to find that (name is guilty of the of other person) (himself) (herself) offense as a matter of criminal law. For example, there may be a situation in which a person commits all of the acts which comprise a federal crime, but is not responsible for the crime because of, for example, mental impairment or youth, or is not guilty of the crime because he or she acted innocently, and did not have the mental state required to commit that crime. Nevertheless, may be guilty of (name)
First: That acts constituting the offense(s) charged were committed by (name of other person); Second: That (name of defendant) had the mental state required for the offense that (he) (she) caused (name of other person) to commit. In this case that means the government must prove beyond a reasonable doubt that (name) acted (state the mental state required for the offense charged); and Third: That (name) willfully caused (name of other person) to commit the acts constituting (state offense charged). In this case that means the government must prove beyond a reasonable doubt that (name) willfully caused (name of other person) to (state the acts required for the offense charged). To find that (name) “caused” this other person to commit those acts, you must find that the government proved beyond a reasonable doubt that (name) brought about those acts. As I stated, the government must prove beyond a reasonable doubt that (name of other person) committed the acts constituting the offense. However, it is not necessary for you to find that (name of other person) is (himself) (herself) guilty of the offense as a matter of criminal law. For example, there may be a situation in which a person commits all of the acts which comprise a federal crime, but is not responsible for the crime because of, for example, mental impairment or youth, or is not guilty of the crime because he or she acted innocently, and did not have the mental state required to commit that crime. Nevertheless, (name) may be guilty of
Chap%207%20July%202014%20Rev.docx