3rd element the conspirators have made up their minds to commit the crime There

3rd element the conspirators have made up their minds

This preview shows page 21 - 23 out of 49 pages.

3rd element — the conspirators have made up their minds to commit the crime. There must be a determination to commit the crime of treason, rebellion or sedition. b. What proof is required for conspiracy The same degree of proof required for establishing the crime is required to support a finding of conspiracy. It must be shown to exist as clearly and as convincingly as the commission of the offense itself in order to uphold the fundamental principle that no one shall be found guilty of a crime except upon proof beyond reasonable doubt. ( Pecho v. People) A conspiracy must be established by positive and conclusive evidence. It must be shown to exist as clearly and convincingly as the commission of the crime itself. Mere presence of a person at the scene of the crime does not make him a conspirator for conspiracy transcends companionship. Requisites of proposal 1. That a person has decided to commit a felony; and 2. That he proposes its execution to some other person or persons. There is no criminal proposal when 1. The person who proposes is not determined to commit the felony 2. There is no decided, concrete and formal proposal 3. It is not the execution of a felony that is proposed
Image of page 21
c. To be liable for conspiracy, what is to be done by a conspirator It is essential for one to be a party to a conspiracy as to be liable for the acts of others that there is intentional participation in the transaction with a view to the furtherance of the common design. Except when he is the mastermind in a conspiracy, it is necessary that a conspirator should have performed some overt act as a direct or indirect contribution in the execution of the crime planned to be committed. The overt act may consist of active participation in the actual commission of the crime itself or it may consist of moral assistance to his co- conspirators by being present at the commission of the crime or by exerting moral ascendancy over the other co-conspirators. Mere presence at the situs ofthe crime or sole relationship with the other accused does not make one a co-conspirator. Evidence of actual cooperation and not mere cognizance or approval of an illegal act is required to establish conspiracy. Appellant could not have been conspirator for allegedly acting as a lookout noting his eye defect (for which he was known as "bulag") and doubted his ability to perform the role of a supposed lookout. (People v. Tabuso) d. What are the two concepts of conspiracy 1. Conspiracy by prior agreement on how to commit the crime. In this case, a conspirator is liable as long as he appeared in the scene of the crime except when he is the mastermind who is liable whether or not he appears. This is because he is a principal by inducement and without his inducement the crime would not have been committed. His the mens rea.
Image of page 22
Image of page 23

You've reached the end of your free preview.

Want to read all 49 pages?

  • Spring '17
  • john doe

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors