UNITED STATES v. KOZMINSKI ET AL.
No. 86-2000
Supreme Court of the United States
Argued February 23, 1988—Decided June 29, 1988
487 U.S. 931
Assistant Attorney General Reynolds argued the cause for the United States. With him on the briefs were Solicitor General Fried, Deputy Solicitor General Bryson, Deputy Assistant Attorney General Clegg, Richard J. Lazarus, and Jessica Dunsay Silver.
JUSTICE O‘CONNOR delivered the opinion of the Court.
This case concerns the scope of two criminal statutes enacted by Congress to enforce the
I
In 1983, two mentally retarded men were found laboring on a Chelsea, Michigan, dairy farm in poor health, in squalid conditions, and in relative isolation from the rest of society. The operators of the farm—Ike Kozminski, his wife Margarethe, and their son John—were charged with violating
The victims, Robert Fulmer and Louis Molitoris, have intelligence quotients of 67 and 60 respectively. Though chronologically in their 60‘s during the period in question,
Fulmer and Molitoris worked on the Kozminskis’ dairy farm seven days a week, often 17 hours a day, at first for $15 per week and eventually for no pay. The Kozminskis subjected the two men to physical and verbal abuse for failing to do their work and instructed herdsmen employed at the farm to do the same. The Kozminskis directed Fulmer and Molitoris not to leave the farm, and on several occasions when the men did leave, the Kozminskis or their employees brought the men back and discouraged them from leaving again. On one occasion, John Kozminski threatened Molitoris with institutionalization if he did not do as he was told.
The Kozminskis failed to provide Fulmer and Molitoris with adequate nutrition, housing, clothing, or medical care. They directed the two men not to talk to others and discouraged the men from contacting their relatives. At the same time, the Kozminskis discouraged relatives, neighbors, farm hands, and visitors from contacting Fulmer and Molitoris. Fulmer and Molitoris asked others for help in leaving the farm, and eventually a herdsman hired by the Kozminskis was concerned about the two men and notified county officials of their condition. County officials assisted Fulmer and Molitoris in leaving the farm and placed them in an adult foster care home.
In attempting to persuade the jury that the Kozminskis held their victims in involuntary servitude, the Government did not rely solely on evidence regarding their use or threat-
At the conclusion of the evidence, the District Court instructed the jurors that in order to convict the Kozminskis of conspiracy under
“Involuntary servitude consists of two terms.
“Involuntary means ‘done contrary to or without choice‘—‘compulsory‘—‘not subject to control of the will.’
“Invоluntary servitude involves a condition of having some of the incidents of slavery.
“It may include situations in which persons are forced to return to employment by law.
“It may also include persons who are physically restrained by guards from leaving employment.
“It may also include situations involving either physical and other coercion, or a combination thereof, used to detain persons in employment.
“In other words, based on all the evidence it will be for you to determine if there was a means of compulsion used, sufficient in kind and degree, to subject a person having the same general station in life as the alleged victims to believe they had no reasonable means of escape and no choice except to remain in the service of the employer.” App. to Pet. for Cert. 109a-110a.
So instructed, the jury found Ike and Margarethe Kozminski guilty of violating both statutes. John Kozminski was convicted only on the
A divided panel of the Court of Appeals for the Sixth Circuit affirmed the convictions. App. to Pet. for Cert. 72a. After rehearing the case en banc, however, the Court of Appeals reversed the convictions and remanded the case for a new trial. 821 F. 2d 1186 (1987). The majority concluded that the District Court‘s definition of involuntary servitude, which would bring cases involving general psychological coer-
“(a) the servant believes that he or she has no viable alternative but to perform service for the master (b) because of (1) the master‘s use or threatened use of physical force, or (2) the master‘s use or threatened use of state-imposed legal coercion (i. e., peonage), or (3) the master‘s use of fraud or deceit to obtain or maintain services where the servant is a minor, an immigrant or one who is mentally incompetent.” 821 F. 2d, at 1192 (footnote omitted).
The dissenting judges charged that the majority had “rewritten rather than interpreted”
The Court of Appeals’ definition of involuntary servitude conflicts with the definitions adopted by other Courts of Appeals. Writing for the Second Circuit in United States v. Shackney, supra, Judge Friendly reasoned that
“a holding in involuntary servitude means to us action by the master causing the servant to have, or to believe he has, no way to avoid continued service or confinement, ... not a situation where the servant knows he has a choice between continued service and freedom, even if the master has led him to believe that the choice may entail consequences that are exceedingly bad.” Id., at 486.
Accordingly, Judge Friendly concluded that
“[a] holding in involuntary servitude occurs when an individual coerces another into his service by improper or wrongful conduct that is intended to cause, and does cause, the other person to believe that he or she has no alternative but to perform labor.” United States v. Mussry, 726 F. 2d 1448, 1453 (1984).
See also United States v. Warren, 772 F. 2d 827, 833-834 (CA11 1985) (“Various forms of coercion may constitute a holding in involuntary servitude. The use, or threatened use, of physical force to create a climate of fear is the most grotesque example of such coercion“).
We granted the Government‘s petition for a writ of certiorari, 484 U. S. 894 (1987), to resolve this conflict among the Courts of Appeals on the meaning of involuntary servitude for the purpose of criminal prosecution under
II
Federal crimes are defined by Congress, and so long as Congress acts within its constitutional power in enacting a criminal statute, this Court must give effect to Congress’ expressed intention concerning the scope of conduct prohibited. See Dowling v. United States, 473 U. S. 207, 213, 214 (1985) (citing United States v. Wiltberger, 5 Wheat. 76, 95 (1820)). Congress’ power to enforce the
The Court of Appeals reached its conclusions regarding the meaning of involuntary servitude under both
A
“two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same.”
This Court interpreted the purpose and effect of
The Kozminskis were convicted under
While the general spirit of the phrase “involuntary servitude” is easily comprehended, the exact range of conditions it prohibits is harder to define. The express exception of involuntary servitude imposed as a punishment for crime provides some guidance. The fact that the drafters felt it necessary to exclude this situation indicates that they thought involuntary servitude includes at least situations in which the victim is compelled to work by law. Moreover, from the general intent to prohibit conditions “akin to African slavery,” see Butler v. Perry, supra, at 332-333, as well as the fact that the
This judgment is confirmed when we turn to our previous decisions construing the
Our precedents reveal that not all situations in which labor is compelled by physical coercion or force of law violate the
Putting aside such exceptional circumstances, none of which are present in this case, our precedents clearly define a
B
“[w]hoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude any other person for any term.”
This is our first occasion to consider the reach of this statute. The pivotal phrase, “involuntary servitude,” clearly was bor-
The legislative history of
The original Slave Trade statute authorized punishment of persons who “hold, sell, or otherwise dispose of any... negro, mulatto, or person of colour, so brought [into the United States] as a slave, or to be held to service or labour.” Act of Apr. 20, 1818, ch. 91, §6, 3 Stat. 452. This statute was one of several measures passed in the early 19th century for the purpose of ending the African slave trade. A 1909 amendment removed the racial restriction, extending the statute to the holding of “any person” as a slave. This revision, however, left unchanged that portion of the statute describing the condition under which such persons were held. See 42 Cong. Rec. 1114 (1908). The Government attempts to draw a contrary conclusion from a comment by Senator Heyburn to the effect that the 1909 amendment was intended to protect vulnerable people who were brought into the United States for labor or for immoral purposes. Id., at 1115. This comment is inconclusive, however. Other Senators expressly disagreed with the view that the elimination of the racial restriction changed the meaning of the word “slavery.” See id., at 1114-1115. Moreover, the 1909 reenactment of the Slave Trade statute was part of a general codification of the federal penal laws, which Senator Heyburn himself stated was “in no instance to change the practice of the law.” Id., at 2226. Thus, we conclude that nothing in the history of the Slave Trade statute suggests that it was intended to extend
The other precursor of
“whoever shall knowingly and wilfully bring into the United States... any person inveigled or forcibly kidnapped in any other country, with intent to hold such person... in confinement or to any involuntary service, and whoever shall knowingly and wilfully sell, or cause to be sold, into any condition of involuntary servitude, any other person for any term whatever, and every person who shall knowingly and wilfully hold to involuntary service any person so sold and bought, shall be deemed guilty of a felony.” Act of June 23, 1874, ch. 464. 18 Stat. 251.
This statute, too, was aimed only at compulsion of service through physical or legal coercion. To be sure, use of the term “inveigled” indicatеd that the statute was intended to protect persons brought into this country by other means. But the statute drew a careful distinction between the manner in which persons were brought into the United States and the conditions in which they were subsequently held, which are expressly identified as “confinement” or “involuntary servitude.” Our conclusion that Congress believed these terms to be limited to situations involving physical or legal coercion is confirmed when we examine the actual physical conditions facing the victims of the padrone system. These young children were literally stranded in large, hostile cities in a foreign country. They were given no education or other assistance toward self-sufficiency. Without such as-
The history of the Padrone statute reflects Congress’ view that a victim‘s age or special vulnerability may be relevant in determining whether a particular type or a certain degree of physical or legal coercion is sufficient to hold that person to involuntary servitude. For example, a child who is told he can go home late at night in the dark through a strange area may be subject to physical coercion that results in his staying, although a competent adult plainly would not be. Similarly, it is possible that threatening an incompetent with institutionalization or an immigrant with deportation could constitute the threat of legal coercion that induces involuntary servitude, even though such a threat made to an adult citizen of normal intelligence would be too implausible to produce involuntary servitude. But the Padrone statute does not support the Court of Appeals’ conclusion that involuntary servitude can exist absent the use or threatened use of physical or legal coercion to compel labor. Moreover, far from broadening the definition of involuntary servitude for immigrants, children, or mental incompetents,
Thus, the language and legislative history of
C
The Government has argued that we should adopt a broad construction of “involuntary servitude,” which would prohibit the compulsion of services by any means that, from the victim‘s point of view, either leaves the victim with no tolerable alternative but to serve the defendant or deprives the victim of the power of choice. Under this interpretation, involuntary servitude would include compulsion through psychological coercion as well as almost any other type of speech or conduct intentionally employed to persuade a reluctant person to work.
This interpretation would appear to criminalize a broad range of day-to-day activity. For example, the Government conceded at oral argument that, under its interpretation,
Moreover, as the Government would interpret the statutes, the type of coercion prohibited would depend entirely upon the victim‘s state of mind. Under such a view, the statutes would provide almost no objective indication of the conduct or condition they prohibit, and thus would fail to provide fair notice to ordinary people who are required to con-
In short, we agree with Judge Friendly‘s observation that
“[t]he most ardent believer in civil rights legislation might not think that cause would be advanced by permitting the awful machinery of the criminal law to be brought into play whenever an employee asserts that his will to quit has been subdued by a threat which seriously affects his future welfare but as to which he still has a choice, however painful.” United States v. Shackney, 333 F. 2d., at 487.
Accordingly, we conclude that Congress did not intend
JUSTICE BRENNAN would hold that
JUSTICE STEVENS concludes that Congress intended to delegate to the Judiciary the inherently legislative task of defining “involuntary servitude” through case-by-case adjudication. Post, at 965. Neither the language nor the legislative history of
Sound principles of statutory construction lead us to reject the amorphous definitions of involuntary servitude proposed by the Government and by JUSTICES BRENNAN and STE
III
Absent change by Congress, we hold that, for purposes of criminal prosecution under
The District Court‘s instruction on involuntary servitude, which encompassed other means of coercion, may have caused the Kozminskis to be convicted for conduct that does not violate either statute. Accordingly, we agree with the Court of Appeals that the convictions must be reversed and the case remanded for a new trial.
We disagree with the Court of Appeals to the extent it determined that a defendant could violate
The judgment of the Court of Appeals is affirmed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
JUSTICE BRENNAN, with whom JUSTICE MARSHALL joins, concurring in the judgment.
I agree with the Court that the construction given
It is common ground among the parties and all the courts and Justices that have interpreted
Indeed, this case and others readily reveal that the typical techniques now used to hold persons in slavelike conditions are not limited to physical or legal means. The techniques in this case, for example, included disorienting the victims with frequent verbal abuse and complete authoritarian domination; inducing poor health by denying medical care and subjecting the victims to substandard food, clothing, and living conditions; working the victims from 3 a.m. to 8:30 p.m. with no days off, leaving them tired and without free time to seek alternative work; denying the victims any payment for their labor; and active efforts to isolate the victims from contact with outsiders who might help them.3 Without considering these techniques (and their particular effect on a mentally disabled person), one would hardly have a complete picture of whether the coercion inflicted on the victims was sufficient to
My reading of the statutory language as not limited to physical or legal coercion is strongly bolstered by the legislative history. Section 1584 was created out of the consolidation of the Slave Trade statute and the Padrone statute. Ante, at 945. I agree with the Government that the background of both those statutes suggests that Congress intended to protect persons subjected to involuntary servitude by forms of coercion more subtle than force. The Padrone statute, for example, was designed to outlaw what was known as the “padrone system” whereby padrones in Italy inveigled from their parents young boys whom the padrones then used without pay as beggars, bootblacks, or street musicians. Once in this country, without relatives to turn to, the children had little choice but to submit to the demands of those asserting authority over them, yet this form of coercion was deemed sufficient—without any evidence of physical or legal coercion—to hold the boys in “involuntary servitude.” See
II
Based on an analysis of the statutory language and legislative history similar to that set forth in Part I, the Government concludes that
The Government concludes that the statute encompasses any coercion that either leaves the victim with “no tolerable alternative” but to serve the defendant or deрrives the victim of “the capacity for rational calculation.” Brief for United States 19, 33. As the Court notes, however, such a statutory construction potentially sweeps in a broad range of conduct that Congress could not have intended to criminalize. Ante, at 949. The Government attempts to avoid many of
The solution, however, lies not in ignoring those forms of coercion that are perhaps less universal in their effect than physical or legal coercion, but in focusing on the “slavelike” conditions of servitude Congress most clearly intended to eradicate. That the statute prohibits “involuntary servitude” rather than “involuntary service” provides no small insight into the central evil the statute unambiguously aimed to eliminate.8 For “servitude” generally denotes a relation of complete domination and lack of personal liberty resembling the conditions in which slaves were held prior to the Civil War. Thus, in 1910 and 1949, Webster‘s defined “servitude” as the “[c]ondition of a slave; slavery; serfdom; bondage; state of compulsory subjection to a master. . . . In French and English Colonies of the 17th and 18th centuries, the condition of transported or colonial laborers who, under contract or by custom, rendered service with temporary and limited loss of political and personal liberty.” Webster‘s New International Dictionary of the English Language. And in 1913 and 1944 Funk and Wagnalls defined “servitude” as “[t]he condition of a slave; a state of subjection to a master or to arbitrary power of any kind” and cited the same colonial practice. Funk and Wagnalls, New Standard Dictionary of the
I thus conclude that whatever irresolvable ambiguity there may be in determining (for forms of coercion less universal than physical or legal coercion) the degree of coercion Congress would have regarded as sufficient to render any resulting labor “involuntary” within the meaning of
This focus on the actual conditions of servitude also provides an objective benchmark by which to judge either the “intolerability” of alternatives or the victim‘s capacity for “rational” thought: the alternatives can justifiably be deemed intolerable, or the victim can justifiably be deemed incapable of thinking rationally, if the victim actually felt compelled to live in a slavelike condition of servitude. True, in marginal cases it may well be difficult to determine whether a slavelike condition of servitude existed, but the ambiguity will be a matter of degree on a factual spectrum,12 not, as in the “no
This restrictive construction of limiting the statute to slavelike conditions, although necessary to comply with the rule of lenity given the inherent ambiguity of the statute
III
In sum, I conclude that
JUSTICE STEVENS, with whom JUSTICE BLACKMUN joins, concurring in the judgment.
No matter what we write, this case must be remanded for a new trial because the Court of Appeals held that expert testimony was erroneously admitted and the Government has not asked us to review that holding. My colleagues’ opinions attempting to formulate an all-encompassing definition of the term “involuntary servitude” demonstrate that this legislative task is not an easy one. They also persuade me that Congress probably intended the definition to be developed in
In rejecting an argument that the Sherman Act was unconstitutionally vague, Justice Holmes wrote:
“But apart from the common law as to restraint of trade thus taken up by the statute the law is full of instances where a man‘s fate depends on his estimating rightly, that is, as the jury subsequently estimates it, some matter of degree. If his judgment is wrong, not only may he incur a fine or a short imprisonment, as here; he may incur the penalty of death. ‘An act causing death may be murder, manslaughter, or misadventure according to the degree of danger attending it’ by common experience in the circumstances known to the actor. ‘The very meaning of the fiction of implied malice in such cases at common law was, that a man might have to answer with his life for consequences which he neither intended nor foresaw.’ Commonwealth v. Pierce, 138 Massachusetts, 165, 178 [(1884)]. Commonwealth v. Chance, 174 Massachusetts, 245, 252 [(1899)]. ‘The criterion in such cases is to examine whether common social duty would, under the circumstances, have suggested a more circumspect conduct.’ [1 E. East, Pleas of the Crown 262 (1803)].” Nash v. United States, 229 U. S. 373, 377 (1913).
A similar approach to the statute before us in this case was expressed by Judge Guy in his dissenting opinion in the Court of Appeals:
“It is clear that
18 U. S. C. § 1584 is lacking in definitional precision when it makes criminal the holding of one in ‘involuntary servitude.’ Whether this is the genius of this seсtion or a deficiency to be cured by judicial legislation is not so clear. The majority apparently concludes it is a deficiency and proceeds to cure it bysubstituting an arbitrary definition that raises more questions than it answers. In discussing this specific section, Judge Dimock, who concurred in Shackney, prophetically wrote: “‘To have an arbitrary classification which will resolve with equal facility all of the cases that would arise under the statute is indeed a tempting prospect. It is much harder to have to work under a statute which will raise difficult questions in the borderline cases inevitable whenever the application of a statute depends upon an appraisal of the state of the human mind. 333 F. 2d at 488.’
*
“This is not an easy definitional question and it is one on which reasonable minds and federal circuits might differ. I write in dissent, however, primarily because I believe the majority has rewritten rather than interpreted
18 U. S. C. § 1584 .” 821 F. 2d 1186, 1212-1213 (CA6 1987).
I have a similar reaction to both JUSTICE O‘CONNOR‘s opinion for the Court and to JUSTICE BRENNAN‘s concurrence. They are both unduly concerned with hypothetical cases that are not before the Court and that, indeed, are far removed from the facts of this case. Although these hypothetical cases present interesting and potentially difficult philosophical puzzles, I doubt that they have any significant relationship to real world decisions that will be faced by possible defendants, prosecutors, or jurors.1
The text of
I agree with JUSTICE BRENNAN that the reach of the statute extends beyond compulsion that is accompanied by actual or threatened physical means or by the threat of legal action. See ante, at 954-959. The statute applies equally to “physical or mental restraint,” cf. Chatwin v. United States, 326 U. S. 455, 460 (1946), and I would not distinguish between the two kinds of compulsion. However, unlike JUSTICE BRENNAN, I would not impose the additional requirement in cases involving mental restraint that the victim be coerced into a “slavelike condition of servitude.” To the extent the phrase “slavelike condition of servitude” simply mirrors the term “involuntary servitude,” I see no reason for imposing this additional level of definitional complexity. In my view, individuals attempting to conform their conduct to the rule of law, prosecutors, and jurors are just as capable of understanding and applying the term “involuntary servitude” as they are of applying the concept of “slavelike condition.” Moreover, to the extent “slavelike condition of servitude” means something less than “involuntary servitude,” I see no
In sum, taking the evidence in the light most favorable to the Government, see Glasser v. United States, 315 U. S. 60, 80 (1942), I am persuaded that the statute gave the defendants fair notice that their conduct was unlawful and that the trial court‘s instructions, read as a whole, adequately informed the jury as to the elements of the crime. I think they were fairly convicted.
Nevertheless, as I stated at the outset, I must concur in the Court‘s judgment.
APPENDIX
RELEVANT JURY INSTRUCTIONS
(App. to Pet. for Cert. 108a-114a.)
“[Court:] In order to find a particular defendant guilty as charged in Counts II and III of the Indictment, the government must prove beyond a reasonable doubt each of the following elements as to Robert Fulmer for Count II and as to Louis Molitoris for Count III:
“1. That a particular defendant held or aided and abetted in the holding of Robert Fulmer under Count II or Louis Molitoris under Count III to involuntary servitude for a term.
“2. That the act or acts of the defendants were done knowingly or willfully.
“If you find that the government has proved the above two elements as to a particular defendant and as to a particular
“If, however, you find that the government has failed to prove either or both of the elements set forth above as to a particular defendant and as to a particular count, then your verdict will be not guilty as to that defendant and that count.
“As stated before, the burden is always upon the prosecution to prove beyond a reasonable doubt every element essential to the crime charged; the law never imposes upon the defendant in a criminal case the burden or duty of calling any witnesses or of producing any evidence.
“A person who willfully aids and abets another in the commission of an offense is punishable as a principal.
“In order to aid and abet another to commit a crime it is necessary that the accused willfully associate himself in some way with the criminal venture, and willfully participate in it as in something he wishes to bring about; that is to say, that he willfully seeks by some act or omission to make the criminal venture succeed.
“You, of course, may not find a defendant guilty as to a particular count unless you find beyond a reasonable doubt that every element of the particular offense as defined in these instructions was committed by some person or persons, and that that defendant participated in its commission.
“The government is not required to prove that a defendant personally committed the offense charged. Rather, the government bears the burden of showing (1) that every element of a particular offense as defined in these instructions was committed by some person or persons and (2) that a defendant (a) was that person or one of those persons, or (b) aided and abetted that person or those persons in the commission of the offense.
“Involuntary servitude consists of two terms.
“‘Involuntary’ means ‘done contrary to or without choice‘—‘compulsory‘—‘not subject to control of the will.’
“‘Servitude’ means ‘[a] condition in which a person lacks liberty especially to determine one‘s course of action or way of life‘—‘slavery‘—‘the state of being subject to a master.’
“Involuntary servitude involves a condition of having some of the incidents of slavery.
“It may include situations in which persons are forced to return to employment by law.
“It may also include persons who are physically restrained by guards from leaving employment.
“It may also include situations involving either physical and other coercion, or a combination thereof, used to detain persons in employment.
“It may include situations in which the coercive acts or words cause persons in employment to believe they cannot freely leave employment if the acts are done or the words spoken with the intent to cause this result.
“In other words, based on all the evidence it will be for you to determine if there was a means of compulsion used, sufficient in kind and degree, to subject a person having the same general station in life as the alleged victims to believe they had no reasonable means of escape and no choice except to remain in the service of the employer. In this respect you are instructed that you may find that not all persons are of like courage and firmness. You may consider the character and condition of life of the parties, the relаtive inferiority or inequality between the persons who perform the service and the persons exercising the force or influence to compel its performance and the defendants’ knowledge of these matters.
“The matter involves the knowledge and intent of the person charged as well as the character and understanding of the alleged victim.
“It is not part of the Government‘s burden of proof, in order for you to return a verdict of guilty, to show that an alleged victim named in the Indictment made an attempt to escape. You may, however, consider any evidence of escape attempts as well as the opportunities to leave and the volun
“In determining whether the service was involuntary, you are instructed that it makes no difference whether or not the persons alleged to have been held in involuntary servitude initially agreed voluntarily to work. If a person desires to withdraw, and then is forced to remain and perform services against his will, his service is involuntary.
“In the same sense, the failure to pay a person who voluntarily performs labor does not transform that labor into an ‘involuntary servitude.’
“Of course, an employer can use any legitimate means to retain the services of an employee, such as offering the employee benefits, or seeking to convince the employee that he would be better off if he continued in his employment.
“Payment of wages to the alleged victims or the conferring of other benefits on them is of course a proper means of attempting to retain their services. You should take evidence of such payment or benefits into account in your determination of whether or not the improper conduct of a particular defendant, if you find such improper conduct to have occurred, was a necessary cause of the decision of one or both of the alleged victims to remain on the farm. However, the fact that the alleged victims were paid or were given other benefits does not necessarily mean that they were not held in involuntary servitude.
“As I have instructed you, you must consider all of the factors that might have influenced the decision of both of the alleged victims to remain on the farm. The desire to receive wages and benefits may have been one such factor. However, you must still determine whether or not the improper conduct of a defendant, if any, was a necessary cause of the decision of one or both of the alleged victims to remain.
“In order to find that a particular defendant is guilty of holding one or both of the alleged victims in involuntary servitude, in addition to the necessary coercion and intention on
“In determining whether or not the improper means was a necessary cause of the decision of the alleged victim to continue working for the Kozminskis, you must evaluate all of the factors that might have affected that decision, including any legitimate means used by that defendant to convince the alleged victim to retain the employment. After considering all of the factors that might have affected that decision, you must decide whether or not the decision of either or both of the alleged victims to remain on the farm would have been made if improper means had not been used by a particular defendant.
“If you determine that either or both of the alleged victims would have continued to work for the Kozminskis regardless of the use of improper means by that particular defendant then you must find that the improper conduct of that defendant was not a necessary cause of the decision of both victims to retain their employment.
“In making the determination involving involuntary servitude, you may consider all of the evidence in this case to determine if a particular defendant held or aided and abetted in the holding of either Louis Molitoris or Robert Arthur Fulmer to involuntary servitude.
“I caution you again as I have before, however, the defendants are not on trial for failure to comply with minimum wage laws, or for violating certain social regulations or for assault or battery or for using bad language in a coercive way. Neither are they on trial for neglect, for misappropriation of money, or for breach of an employment contract. Your at
“You will note that Element One requires proof that the victim was held ‘for a term,’ that is, a period of time. In that respect, I instruct you that it is not necessary for the Government to prove any given specific term of an appreciable length of time. If the person was held for any term, regardless of how short such term may be, it would come within the ‘held for a term’ provisions of the statute.
“Element Two requires that the acts of the defendants were done knowingly and willfully.
“An act, omission, or failure to act is done ‘knowingly’ if done voluntarily and intentionally, and not because of mistake or accident or other innocent reason.
“The word ‘knowingly’ is used to insure that no one will be convicted for an act done because of mistake, or accident, or other innocent reason.
“An act, omission, or failure to act is done ‘willfully’ if done voluntarily and intentionally, and with the specific intent to do something the law forbids; that is to say, with bad purpose either to disobey or to disregard the law.
“You will note that to act knowingly requires that the act be done intentionally. The crimes charged requires proof of specific intent before a defendant can be convicted. Specific intent, as the term implies, means more than the general intent to commit the act. To establish specific intent the government must prove that the defendant knowingly did an act which the law forbids, or knowingly failed to do an act which the law requires, purposely intending to violate the law.
“Such intent may be determined from all the facts and circumstances surrounding the case. Specific intent must be proved beyond a reasonable doubt before there can be a conviction.
“Intent ordinarily may not be proved directly, because there is no way of fathoming or scrutinizing the operations of
“You may consider any statement made by the defendant, and all other facts and circumstances in evidence which indicate the state of mind. You may consider it reasonable to draw the inference and find that a person intends the natural and probable consequences of acts knowingly done or knowingly omitted.
“As I have said, it is entirely up to you to decide what facts to find from the evidence.
“You will note that the Indictment charges that the offense was committed ‘on or about’ a certain date. The proof need not establish with certainty the exact date of the alleged offense. It is sufficient if the evidence in the case establishes, beyond a reasonable doubt, that the offense was committed on a date reasonably near the date alleged.
“That is the end of the instructions relating to Counts II and III of the Indictment.”