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US-CA9 · jury_instructions

9th Cir. Model Jury Instr. (Criminal) 5.12

Mere Presence

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

Mere presence at the scene of a crime or mere knowledge that a crime is being committed is not sufficient to establish that the defendant committed the crime of [specify crime charged]. The defendant must be a participant and not merely a knowing spectator. The defendant’s presence may be considered by the jury along with other evidence in the case.

Provenance

Source
ce9.uscourts.gov
Retrieved
2026-08-20
Edition
2026-08-20
Content hash
17e42189057c297454e62819fff394f33f4ae95030fb05810d1e5ad4887fa1e5
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9th Cir. Model Jury Instr. (Criminal) 5.12 · binding.law