What is the test for conspiracy to commit murder?
California, United States of America
The following excerpt is from People v. Polina, D064796 (Cal. App. 2015):
"We determine whether a jury instruction correctly states the law under the independent or de novo standard of review." (People v. Ramos, supra, 163 Cal.App.4th at p. 1088, citing People v. Posey (2004) 32 Cal.4th 193, 218.)
2. Conspiracy to commit murder
"The crime of conspiracy is defined in the Penal Code as 'two or more persons conspir[ing]' '[t]o commit any crime,' together with proof of the commission of an overt act 'by one or more of the parties to such agreement' in furtherance thereof." (People v. Swain (1996) 12 Cal.4th 593, 600 (Swain), citing 182, subd. (a)(1), 184.)
"A conviction for conspiracy requires proof of four elements: (1) an agreement between two or more people, (2) who have the specific intent to agree or conspire to commit an offense, (3) the specific intent to commit that offense, and (4) an overt act committed by one or more of the parties to the agreement for the purpose of carrying out the object of the conspiracy." (People v. Vu (2006) 143 Cal.App.4th 1009, 1024.)
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