NCJ Number
39088
Date Published
1976
Length
0 pages
Annotation
THIS POLICE TRAINING FILM, PART OF THE LEGAL EDUCATION FOR LAW ENFORCEMENT SERIES, DEFINES AND EXPLAINS THE LEGAL ELEMENTS OF THE CRIME OF CONSPIRACY, WITH EMPHASIS ON CALIFORNIA LAW.
Abstract
THE SITUATION PRESENTED (CONSPIRACY TO COMMIT ARSON AND BURGLARY) IS USED TO ILLUSTRATE THE CONCEPTS OF CRIMINAL AGREEMENT, OVERT ACT, AND VICARIOUS LIABILITY. IT IS SHOWN HOW THE CRIME OF CONSPIRACY IS MADE UP OF TWO FACETS: FIRST, TWO OR MORE PERSONS MUST AGREE TO COMMIT A CRIME, AND SECOND, THE AGREEMENT MUST BE FOLLOWED BY SOME ACT COMMITTED BY ONE OR MORE OF THE CONSPIRATORS WHICH IS DONE TO FURTHER THE GOAL OF THE AGREEMENT. THIS ACT, REFERRED TO AS AN 'OVERT ACT,' NEED NOT BE A CRIME IN AND OF ITSELF AND IN FACT MAY BE RATHER TRIVIAL (SUCH AS PURCHASING A CAN OF GASOLINE), AS LONG AS IT SHOWS THAT THE PLAN HAS PROCEEDED BEYOND THE MERE MEETING OF THE MINDS AND HAS ACTUALLY BEEN SET INTO MOTION. THE FILM ALSO EXPLAINS WHY EACH MEMBER OF A CONSPIRACY IS CRIMINALLY RESPONSIBLE FOR ALL CRIMES COMMITTED BY ANY OF HIS CO-CONSPIRATORS AS LONG AS THE CRIME EITHER WAS IN FURTHERANCE OF THE COMMON DESIGN OR WAS A FORESEEABLE CONSEQUENCE OF THE PLAN. THIS PRINCIPLE IS KNOWN AS THE THEORY OF 'VICARIOUS LIABILITY'. FOR PART TWO OF THIS FILM, SEE NCJ-39089. (AUTHOR ABSTRACT)...ELW