Vermont Model Criminal Jury Instructions CR28-041

The State has charged (Def)_______________ with endeavoring to [incite] [procure] [hire] another person to commit a felony, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) endeavored to [incite] [procure] [hire] another person, _______________, to commit a felony, namely (felony)_______________, by (specific acts)__________________; and

(3) (Def)_______________ did so intending that (other person)_______________ would commit the (felony)_______________.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ endeavored to [incite] [procure] [hire] another person, _______________, to commit a felony, namely (felony)_______________, by (specific acts)____________________. To endeavor means to try to accomplish something.

[To incite means to instigate or encourage a particular action.]

[Here the word procure means to arrange for another person to do something.]

[To hire means to employ another person to do something in exchange for payment.]

The last essential element is that (Def)_______________ intended that (other person)_______________ would commit the (felony)_______________. [You may find that (Def)_______________ endeavored to incite (other person)_______________ to commit a felony whether or not the (felony)_______________ was actually commenced or completed. However, the State must have proven that (Def)_______________ acted with the conscious objective of [inciting] [procuring] [hiring] (other person)_______________ to commit the (felony)_______________. (Def)_______________ must have acted purposely and voluntarily, and not inadvertently, or because of mistake, or by accident.

A person’s intent may be shown by the way in which the person expresses it to others, or by his or her conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

The crime of _______________ is a felony in Vermont.

[Insert elements of the incited crime.]

All of the essential elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.