Prison Conspiracy Case Study

1063 Words3 Pages

There are many reasons why an individual would engage in a violent altercation with a detention center counselor without resorting to a conspiracy. In order to prove a conspiracy, one would have to prove beyond a reasonable doubt that there was an actual agreement to commit the crime, or present proof of conduct legally sufficient to infer such an agreement. 18 Pa. Cons. Stat. §903 (2014). The requirements to prove conspiracy, if stretched, could potentially catch individuals who in all honesty did not have an agreement to commit a crime. Fortunately, the judicial system in the Commonwealth of Pennsylvania attempts to dismiss potentially disingenuous conspiracy charges by prohibiting a conviction for conspiracy to be based upon mere suspicion …show more content…

was in his room at the Youth Study Center, a juvenile detention center in Philadelphia. He requested to go to the bathroom and Mr. Ngozi, a counselor at the detention center, escorted him there. Upon returning, Mr. Ngozi was closing the door when Eduardo grabbed his wrist and attempted to pull Mr. Ngozi into the room. Mr. Ngozi broke Eduardo’s grip and stepped back into the hallway. Eduardo followed him and threw punches, which Mr. Ngozi pushed away. Mr. Ngozi called for assistance and Mr. Keenan, another counselor, came and grabbed the appellant from behind. Terrence Maxwell came out of the now unlocked room and punched Mr. Keenan from the rear at least three times on the side and back of the head.
A third counselor, Mr. Hickman, ran down the hall to Terrence Maxwell and tried to restrain him. Mr. Keenan had the appellant by the torso and was holding him in place and Mr. Ngozi went to help Mr. Hickman control Terrence Maxwell. During the struggle Mr. Hickman was punched. When Mr. Hickman was hit, the appellant was 5-6 feet away from …show more content…

First, the majority correctly contends that proof of a formal or explicit agreement is unnecessary to prove a conspiracy. Commonwealth v. Grekis, 601 A.2d 1275, 1283 (Pa. Super. Ct. 1992). Second, the majority correctly states that a conspiracy conviction may be “wholly tacit” so long as the “surrounding circumstances confirm that the parties have decided to act in concert” Commonwealth v. French, 578 A.2d 1292, 1294 (Pa. Super. Ct. 1990). Finally, the majority is correct in applying a two-step test to assess the sufficiency of direct and circumstantial evidence: regarding the evidence in the light most favorable to the commonwealth, accepting as true all evidence upon which the fact finder could properly have based its verdict; then ask whether that evidence, with all reasonable inferences, is sufficient to prove guilt beyond a reasonable doubt. Commonwealth v. Eddington, 386 A.2d 117, 118 (Pa. Super. Ct.

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