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


The following excerpt is from People v. Bassett, C071072 (Cal. App. 2015):

"It is for the trier of fact -- considering the unique circumstances and the nature and purpose of the conspiracy of each case -- to determine precisely when the conspiracy has ended." (People v. Saling (1972) 7 Cal.3d 844, 852.) A conspiracy does not necessarily end merely because it is not carried out as originally planned. (See People v. Patrick (1981) 126 Cal.App.3d 952, 966 [kidnapping conspiracy was not defeated when police arrived; conspirators avoided defeat by pretending to abandon it, but resuming plan later].)

Other Questions


Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (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)
Does a juvenile court hearing determine whether a minor should be tried as an adult prior to a determination that the minor's guilt should be determined? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
What is the test for determining whether a jury should consider a defendant's mental state as a mitigating factor in determining the penalty? (California, United States of America)
What is the test for determining whether there was a single conspiracy encompassing multiple counts? (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)
How have courts interpreted the rule that prior determination is not conclusive either if injustice would result or if the public interest requires that the prior determination not to be foreclosed? (California, United States of America)
What is the test for determining whether a defendant has been convicted of a prior criminal offence and therefore must proceed further to determine the conduct underlying the conviction? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.