Legal Question in Criminal Law in California

I know this is a lot...please bear with me.

When conspiracy isn't charged as an offense in the information but is utilized as an evidentiary tool to introduce statements of one defendant against another, to show identity through the existence of a common plan or design, or to show, through a conspiracy, that a defendant, who was not the actual perpetrator of a criminal offense, aided and abetted its commission; is it legally permissible for an uncharged conspiracy, utilized only as an evidentiary tool, to serve as an independent basis of criminal liability separate and apart from that of aiding and abetting? Is it error for a court not to instruct the jury (sua sponte) or for a lawyer to fail to request that a jury be instructed on the limited use of an uncharged conspiracy? When two defendants are jointly tried is it legally permissible to base a theory of conspiracy on a substantive offense solely committed and charged to one defendant?


Asked on 4/14/11, 4:31 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Why you don't want to tell us about your case? I presume somebody, you, or your "friend," was charged with a crime. (If not, and this is a homework assignment, then go away.) What crime was charged? Who allegedly did what to whom? Who, what, when, where, why, and how?

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Answered on 4/14/11, 5:28 pm


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