Return to CALJIC Part 5-8 – Contents
F 6.21a
Conspiracy Normally Terminates When
The Criminal Object Has Been Obtained Or Defeated
(PC 182)
*Add to CJ 6.21:
It is for the trier of fact — considering the unique circumstances and the nature and purpose of the conspiracy — to determine precisely when the conspiracy has ended. A conspiracy normally comes to an end when the substantive crime which is the primary goal of the conspiracy has either been attained or defeated unless there is independent proof of subsequent activities contemplated and undertaken by the conspirators in pursuit of the objective[s] of the conspiracy. Actions taken after attainment or defeat of the conspiracy’s objective to conceal the substantive crime or the conspiracy are not proof of a continuing conspiracy.
Points & Authorities
Conspiracy is a question of fact for the jury. (People v. Hardy (92) 2 C4th 86, 143 [5 CR2d 796].) The general rule is that the conspiracy ends when its object is either attained or defeated. (Ibid.; see also U.S. v. McKinney (7th Cir. 1992) 954 F2d 47, 475.) It may extend beyond the actual crime only upon independent proof that there were subsequent activities contemplated and undertaken by the conspirators in pursuit of the objectives of the conspiracy. (People v. Leach (75) 15 C3d 419, 432 [124 CR 752]; People v. Saling (72) 7 C3d 844, 852 [103 CR 698].) Actions exerted after attainment or defeat of the conspirators objective to conceal the substantive crime or the conspiracy are not proof of a continuing conspiracy. (People v. Zamora (76) 18 C3d 538, 560 [134 CR 784].) In Hardy the court held that there is no sua sponte duty to instruct the jury to determine when the conspiracy ended. However, if the theory of the defense is that the conspiracy had ended then the defendant should have a right to a pinpoint instruction upon this defense. (See People v. Wharton (91) 53 C3d 522, 570 [280 CR 631]; see also FORECITE PG III(A).)
Failure to adequately instruct upon a defense or defense theory implicates the defendant’s state (Art. I, § 15 and § 16) and federal (6th and 14th Amendments) constitutional rights to trial by jury, compulsory process and due process. [See generally, FORECITE PG VII(C).]
NOTES
“[An] insurance conspiracy would normally … terminate [] upon the receipt of the insurance proceeds.” (Leach 15 C3d at 436.)
