CALCRIM No. 419. Acts Committed or Statements Made Before Joining Conspiracy

Judicial Council of California Criminal Jury Instructions (2024 edition)

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419.Acts Committed or Statements Made Before Joining
Conspiracy
(The/A) defendant is not responsible for any acts that were done before
(he/ [or] she) joined the conspiracy.
You may consider evidence of acts or statements made before the
defendant joined the conspiracy only to show the nature and goals of the
conspiracy. You may not consider any such evidence to prove that the
defendant is guilty of any crimes committed before (he/ [or] she) joined
the conspiracy.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction if there is evidence
suggesting that the defendant joined an alleged conspiracy after the crime was
committed or after an act or statement was made to further the object of the
conspiracy.
AUTHORITY
• Joining Conspiracy After Commission of Crime. People v. Marks (1988) 45
Cal.3d 1335, 1345 [248 Cal.Rptr. 874, 756 P.2d 260]; People v. Feldman (1959)
171 Cal.App.2d 15, 21-22 [339 P.2d 888].
• Use of Prior Acts or Statements. People v. Weiss (1958) 50 Cal.2d 535, 564-566
[327 P.2d 527].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Elements, §§ 100-101.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 141,
Conspiracy, Solicitation, and Attempt, § 141.02[6] (Matthew Bender).
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