DE · jury_instructions
Del. P.J.I. Crim. No. 11.1247
Compounding a Crime [Affirmative Defense]
COMPOUNDING A CRIME
[AFFIRMATIVE DEFENSE]
In this case, Defendant has asserted the affirmative defense of
[Restitution/Indemnification] to the charge of Compounding a Crime. In order to
establish this affirmative defense, Defendant must prove the following element by
a preponderance of the evidence:
The benefit did not exceed the amount Defendant believed to be due as
[restitution/ indemnification] for the harm caused by the crime.
Proof by a preponderance of the evidence means proof something is more
likely than not. It means certain evidence, when compared to the evidence opposed
to it, has the more convincing force and makes you believe something is more likely
true than not. Preponderance of the evidence does not depend on the number of
witnesses. If the evidence supporting the existence of the defense is evenly
balanced, then Defendant has not proved the existence of the defense by a
preponderance of the evidence, and you must find against Defendant on that point.
The state has no burden to present any evidence on this matter.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
7c44160c6428e3e46bec0b35420ef6f173175e4abfeece5e0fbde9c0a3064ce9
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