Vermont Model Criminal Jury Instructions CR09-311

If you reach the point of considering whether the killing was committed during (Def)_______________’s participation in [an attempt to commit] a (felony)_______________, you must consider the evidence on whether or not [he] [she] had abandoned the criminal enterprise. When two or more persons combine to commit a crime, each person is criminally responsible for the acts of the others, if the acts are committed in furtherance of the common design. Under those circumstances, the act of each is considered the act of all.

In order to have abandoned [an attempt to commit] a (felony)_______________, (Def)_______________ must have completely withdrawn from the criminal enterprise, before the (criminal acts)_______________ actually started. Further, [he] [she] must have communicated [his] [her] intent to abandon to those who began and continued in the [attempt to commit the] (felony)_______________, so that they could have followed [his] [her] example and refrained from further action before the critical act was committed. A mere change of heart would not be sufficient to withdraw (Def)_______________’s participation; [he] [she] must have communicated [his] [her] decision not to carry out [his] [her] part of the plan.

If you conclude that (Def)_______________ effectively withdrew, then [he] [she] cannot be found guilty of first degree murder. If, however, you find that [he] [she] had entered into the [attempt to commit the] (felony)_______________, and did not completely withdraw, then a murder that was committed in the course of events set in motion by the [attempt to commit the] (felony)_______________ meets that requirement for first degree murder. The State also must have proven the other four essential elements of felony murder. If the evidence proves each of the five essential elements beyond a reasonable doubt, then the State has proven first degree murder.