People v. Zielesch Flashcards
Conspiracy
Conspiracy is illegal b/c it tends to lead to the commission of a target offense or come dangerously close (Attempt) (SI crime)
Elements:
(1) Communicated agreement between two or more people(Need conscious parallelism PLUS to make it an illegal agreement)
(2) SI that the crime be completed
(3) Overact in furtherance of the crime
- Anything beyond the agreement itself (not just talking about it but steps toward the act)
- Over act=small steps, looking yo a target victims address
REMEMBER: AN agreement is insufficent, you NEED an overt act
People v. Zielesch (CA)
Facts:
Zielesch bails Volarvich out of jail, so Volarvich will pay him back by killing Doug, Zielesch gives gun and money for Meth, Volarvich goes and does not come back, zielesch mad and hits Pina, Volarvich on his way back to settle the score and gets pulled over, shoots cop
Procedure:
Convicted: 1st degree murder and conspiracy at trial
Z appeals conviction: b/c cops death was NOT part of the plan
Holding:
(Justice SCOTLAND) : Affirmed trial conviction
-Natural and probable upshit of getting a meth-head on searchable prohibition to murder someone was that it is likely that he would be stopped by police.
-Part of murdering the police officer so he did not get caught.
Defendants argument:
-Should be reversed because it was unforeseen and unforeseeable
Court’s general rule in conspiracy
Conspiracy to commit the target offense makes it more likely that additional crimes related to the target offense will be committed
Natural & Probable consequence v. Reasonably Foreseeable
Reasonably forseeable=a possible consequence which might reasonably have been contemplated
- does NOT require strong probability
- Non-trivial possibility
Natural & Probable consequence = a consequence that a reasonable person would know is likely to occur
- Probable=liekly to happen (51% -harder to prove)
- Natural consequence= one within the ordinary range of outcomes that may be reasonably expected to occur if nothing unusual has intervened
- Cannot be charged with first degree murder
How it applies to Zielesch:
Why it was natural & probable consequence:
(1) The plan to kill Doug implicitly included a plan not to get caught
(2) Killing someone is always likely to provoke police intervention
(3) Recruiting an unstable drug-using probationer who is subject to searches
MPC v. CA (Conspiracy)
MPC: Holds conspirators liable for the offense to which they agree
Zielesch: Conspiracy
Volarvich: Killed a cop
CA: Holds conspirators liable for all crimes done
Zielesch: Killed a cop
Volarvich: Killed a cop
Conspiracy to kill Shamberger
Evidence does indicate proof beyond a reasonable
doubt of conspiracy(Def gave the shooter his gun, money to buy drugs, and stated that killer would pay the debt off)
- Conscious parallelism: undiscussed imitation by a business of a competitors action(Changing prices up and down w/o the active conspiracy between business rivals)
- Conscious parallelism +: Requires SI. Both parties agree to “set the price”
Determinate v. indeterminate sentencing
Indeterminate(before 1987): No definite period of time set during sentencing, thus it is determined by the conduct of the imprisonment
Determinate(after 1987): Defined length and cannot be changed
BUT: Murder is the exception to interderminate, Zielesch had 50 yearts but could be reduced based on good conduct.
On the hook for the acts of others?
It is natural and probable that he would kill anyone that would get in the way of the commission of the planned crime.
What counts as natural and probable?
Reasonable foreseeable demands a higher standard thus more favorable to the DEF and harder to prove by the Prosecution.
Why should Zielesch be off the hook?
Killing the officer was “Unforeseen and unforeseeable” An unintentional result which is an unforseen incidental making it only avoidable with extraorinfary care that wasnt even negligent b/c it was unforseeable. The murder was accidental
