What is the test for proving a conspiracy?

California, United States of America


The following excerpt is from People v. Gil, D072315 (Cal. App. 2018):

Conspirators are vicariously liable for the unintended acts of coconspirators if such acts are in furtherance of the conspiracy. Coconspirators are liable for any reasonably foreseeable offenses committed by the perpetrator. (People v. Hardy (1992) 2 Cal.4th 86, 188.) Proof of a conspiracy serves to impose criminal liability on all conspirators for the crimes committed in furtherance of the conspiracy. Where several parties conspire or combine together to commit any unlawful act, each is criminally responsible for the acts of his or her confederates committed in furtherance of the common design for which they combine. (People v. Superior Court (Shamis) (1997) 58 Cal.App.4th 833, 842-843.)

Page 26

Other Questions


Can conspiracy be used to prove criminal liability for acts of coconspirator? (California, United States of America)
Does the Defendant have to prove malice to prove he did not act out of the heat of passion? (California, United States of America)
In what federal conspiracy cases have the jury been instructed to convict a defendant of conspiracy to commit a crime based only on "slight evidence"? (California, United States of America)
Is there any justification for adopting an implicit-explicit conspiracy to conceal test to determine the running of the statute of limitations in conspiracy cases? (California, United States of America)
When a conspiracy ends, when the conspiracy has been defeated, what is the test for determining when it has ended? (California, United States of America)
Can a defendant be convicted of conspiracy to commit murder as a natural and probable consequence of a conspiracy to assault? (California, United States of America)
Can conspiracy be used to prove criminal liability for acts of coconspirator? (California, United States of America)
Can conspiracy be used to prove criminal liability for acts of coconspirator? (California, United States of America)
Is there sufficient evidence to prove there was a conspiracy? (California, United States of America)
What is sufficient evidence to prove a conspiracy to commit a crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.