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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Criminal) 4.11

Advice of Counsel

activein force · 2026-08-20 – presentas-observed

One element that the government must prove beyond a reasonable doubt is that the defendant had the unlawful intent to [specify applicable unlawful act]. Evidence that the defendant in good faith followed the advice of counsel would be inconsistent with such an unlawful intent. Unlawful intent has not been proved if the defendant, before acting, made full disclosure of all material facts to an attorney, received the attorney’s advice as to the specific course of conduct that was followed, and reasonably followed the attorney’s recommended course of conduct or advice in good faith.

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
557ca876b720a57981c1f0dd4baa07b199ab6fd3a7198b6cb03a9a194168e952
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9th Cir. Model Jury Instr. (Criminal) 4.11 · binding.law