Is a defendant required to prove that they were involved in a conspiracy before the crime was committed?
California, United States of America
The following excerpt is from People v. Arucan, H044848 (Cal. App. 2019):
prove that the defendant is guilty of any crimes committed before (he/ [or] she) joined the conspiracy." Citing People v. Marks (1988) 45 Cal.3d 1335, 1345, the accompanying usage note explains that the court has a sua sponte duty to give this instruction "if there is evidence suggesting that the defendant joined an alleged conspiracy after the crime was committed or after an act or statement was made to further the object of the conspiracy."
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