People vs Palmer

In: Historical Events

Submitted By sellsemmanuel
Words 404
Pages 2
Emmanuel Sells
11/4/13
BUS 154
People Vs. Palmer 2013 Cal. LEXIS 4341

FACTS: The defendant, Aaron Palmer, was convicted of multiple felonies for having fired gunshots at several victims. The district court sentenced Palmer to the Department of Corrections for a substantial period of time and imposed a concurrent term for the single count of conspiracy to commit reckless manslaughter that is at issue here. On appeal, Palmer argued that conspiracy to commit reckless manslaughter is not a legally cognizable crime in Colorado. Noting that conspiracy is a crime requiring a specific intention to achieve the forbidden result and that reckless manslaughter is a crime requiring recklessness with respect to the result, Palmer argued that it is logically impossible to specifically intend that an unintended death occur.

ISSUE: Does a conspiracy require that the conspirator intend to cause a particular result?

LAW: A person acts “intentionally” or “with intent” when his conscious objective is to cause the specific result proscribed by the statute defining the offense. A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists.” § 18-1-501(3).
ANALYSIS: The crime of conspiracy requires two mental states. First, the defendant must possess the specific intent to agree to commit a particular crime. Second, the defendant must possess the specific intent to cause the result of the crime that is the subject of the agreement. Specific intent is an integral part of the crime and must be established with the same certainty as any other material element of the crime. The People argue that the crime of conspiracy to commit reckless manslaughter, if recognized, would not require the…...

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