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US V. Garcia Case Analysis

Satisfactory Essays

Summary of U.S. v. Garcia (CA9 1998)
Perry B Keaton

Concepts of Criminal Law - 3
Instructor: Karen Clark
September 5, 2015

Summary of U.S. v. Garcia (CA9 1998)-1

After reading the case over and over again I have come to the conclusion that this was an interesting case to make a decision on due to the lack of substantial evidence. In reference to the case it brings me to the very first question of the assignment. What acts did Garcia do that amounted to a conspiracy? The concern in which brought up the idea of conspiracy in this case is the fact that Garcia association with his fellow gang members. This is a general agreement among gang members to support one another in fights against rival gangs can constitute sufficient evidence to support a conviction of conspiracy to commit assault when the conduct of the alleged conspirators is otherwise insufficient.

What was the government's evidence that supports the conspiracy? The government felt as though Garcia was associate gang member they had enough evidence for a conviction, and that also there was mention of a gun involve they would have a strong case and enough evidence to present this to the jury. And therefore by doing this, it would indeed get a conspiracy verdict. …show more content…

If we look at all the evidence that is involved in this case, we can come to a conclusion that there really wasn’t enough for the conviction to stick against Garcia. I believe the government made a grade mistake by not presented any witnesses who could explain the series of events immediately preceding the shooting, so as you see right from this statement. If there is no witness how can there be a conspiracy conviction. Another reason the court gave the government in this case was just because Garcia was in a gang doesn’t mean his behavior would be in a concerted

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