Next Generation Bar Exam Quiz
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CRIMINAL LAW AND CONSTITUTIONAL PROTECTIONS OF ACCUSED PERSONS
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In People v. Marshall, the state supreme court held: 'For a conspirator to be liable for a substantive crime committed by a co-conspirator,the state must prove (1) thatthe crime was committed in furtherance of the conspiracy,and (2) thatthe crime was a reasonably foreseeable consequence of the agreement. In determining foreseeability,the fact-finder considers only information known to the defendant at the time he joined the conspiracy. Liability does not extend to crimes arising from a co-conspirator's unique or unusual act.' Don agrees with Eddie to steal a valuable sculpture from a museum. Don had cased the museum and confirmed that no security guards were on duty overnight. They plan to enter through a skylight,disable the alarm,and remove the sculpture. Eddie,while inside,finds a sleeping security guard whom Don had not discovered. Fearing the guard would identify him,Eddie stabs and kills him. Don had never seen Eddie carry a weapon,and knew nothing of any violent tendency. Don is charged with murder.
Under People v. Marshall, should Don be convicted of murder?
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