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
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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.
I asked Inmate Dennis if he was being resistant, did he pull or push away from the officers as they were walking him down the hallway and he said “No. Not at all. I just kept telling them to let me walk and to quit fucking me off.” I asked if he said anything threatening to the officers as they were walking down the hallway and he said, “No. Not at all. I didn’t spit or nothing. They thought I was going to spit.” I asked him why the officers would think he was going to spit if he wasn’t being aggressive or resistant and he stated, “I was yelling and moving my head around. So they probably thought I was going to spit on
A conspiracy is generally defined as an agreement made between two or more people to commit an unlawful act intentionally. In Cory Goodine’s case, he had absolutely no idea what he would witness when he agreed to go for a drive with Todd Johnston, therefore during the court proceedings following the murder, Goodine was able to demonstrate that he was oblivious to what Johnston had planned. This is evident when he explains that “Shortly before 2.00 pm that day, Mr. Johnston telephoned Mr. Goodine at his home in Perth-Andover and asked Mr. Goodine to accompany him as Mr. Johnston was going to "dump" Mr. Boyd.” Cory Goodine didn’t pay much attention to Johnston’s word choice and didn’t question what he meant by “dump”, in fact “Mr. Goodine 's explanation for initially accompanying Mr. Johnston was that he thought at most there might be a fight between Mr. Boyd and Mr. Johnston, but he did not understand the word "dump" to mean Mr. Boyd would be killed.” These extractions from a summary of the case from the Court of Appeal in New Brunswick are essential to proving Cory Goodine’s innocence because they show that he was merely caught up in a mess created by none other than his former friend Todd Johnston. Granted, he could have read more into Johnston’s word choice on the earlier telephone call, but most people wouldn’t have thought anything of something like that coming from their friend. Cory
In the case study of whistle-blowing at Corcoran State Prison, two corrections officers were all but shunned for the actions they took to put an end to the mistreatment of prisoners. Officers Richard Caruso and Steve Rigg witnessed their fellow corrections officers abusing their power by placing rival gang members in a small recreation yard in the Security Housing Unit (SHU) to promote fighting. The officers would make bets on the inmates, treated the fighting like a sport and used unnecessary deadly force with a firearm at will (Dryburgh, 2009). Caruso and Rigg, both former marines, had superior comprehension of ethically handling a firearm; the actions of their co-workers became unacceptable so they took action (Dryburgh, 2009).
The charge exploded and sent a lead ball of justice, too long delayed, into the criminal head of Tom Chaney” (Portis 204). Right as she had fired the gun it knocked her right over into the pit that was directly behind her. Mattie exclaims “Help! Laboeuf! Can you hear me!”
“I saw him do it. I saw Arthur Bauer sneak up on Luis Cruz, like a coward, and hit him on the side of the head" In the book Tangerine, Paul Fisher is a young boy who had struggled with confidence. Throughout the story, Paul learned to be strong and stand up for himself. Even though Paul started off scared, he learned that he is powerful and can stand up to others.
As a troubled adolescent kid in elementary he was a bit of a trouble maker his teachers would complain about his behavior being destructive to school property and smoking weed in the school restrooms. As he grew older the trouble never went away he began to steal from everybody and he felt invincible because he got away with it. Silvio even stole money from Ariella, his own mother, and out of control she sent him to PINS where she felt that he would be protected from the trouble he was courting. Although reckless can mean two different things but still careless nonetheless the difference between Silvio and me is that I was more laid back than he was as you can tell by how Silvio was cursing and screaming to the staff that worked in PINS. At the same time I would not have liked it either if I had somebody trying to hold me down forcefully. Silvio and me share that same kind of attitude when it come to being manhandled or even just touching just as we both don’t like to be punked by some
The Crown gave notices pursuant to ss 97 and 98 of the Evidence Act (EA) 2008 (Vic), intending to lead the Evidence against the appellant at trial. The trial judge ruled that the coincidence evidence was admissible but the tendency evidence was inadmissible.
seconds to hand cuff him and throw him to the cruiser” (Moore 81). He was scared and afraid of
much evidence that proves it. As far as who was part of the conspiracy, I came to the consensus
‘ Dallas Winston is a hard hitting Greaser who loves to fight with anyone, whether a Greaser or Socs. Dally has lived practically on the streets his whole life, and he has found comfort in the gangs of New York. Dallas Winston is well known by the law and has a record. To add to all of this hardship, Dally’s father could care less if he was dead in the street or rotting away in a cell. This is one of the many reasons that he joined the gang of Greasers in Oklahoma.
There are multiple crime television shows that are based on a true story or fiction. A well known television show is Law and Order Special Victims Unit, which deals with rape and assault cases. This particular episode deals with a domestic violence case between a retired football star, AJ Martin, and his girlfriend, Paula Bryant. I will be using the National Crime Victimization Survey, which is an interview with the members in a household about reported and unreported crime that occurred within the last six months. “NVCS provides information of characteristics of victims, including age, race, ethnicity, gender, marital status and household income” (Truman and Morgan). Official statistics like the NCVS would be used for comparing its demographics
The US Prison Industrial Complex (PIC) is used to attribute the rapid expansion of the US inmate population to the political influence of private prison companies and businesses that supply goods and services to government prison agencies. The prison industry complex is one of the fastest-growing industries in the United States and its investors are on Wall Street. After spending $5.2 billion on prison construction over the past fifteen years, California now has not only the largest but also the most overcrowded prison system in the United States. The state Department of Corrections estimates that it will need to spend an additional $6.1 billion on prisons over the next decade just to maintain the current level of overcrowding. At least 37
Eric Harrison is a student at Southern University at New Orleans where he is pursuing a degree in chemical engineering. After getting into a physical altercation with another student Sherman Hill, he was given the option of seeking treatment for anger management or face expulsion. This is not the first such incident Harrison has been involved in and thus he is in danger of losing his athletic scholarship because fighting violates the criterion for eligibility. Orin Grant, a clinical social worker, has been working with Harrison for 3 weeks and found him to be a volatile personality. Harrison is anxious today because he is awaiting the decision from the scholarship committee on whether or not to take his scholarship. During the course of his session Harrison comments to Mr. Grant that if he loses his scholarship Sherman Hill might lose his life. Mr. Grant knows that Eric has access to firearms because his father is an avid hunter. Having been forewarned of a potential threat, what is the next course of action Mr. Grant should take?
On August 14, 1971, the twelve men that were given the role as “prisoner” were arrested without warning and taken to the police station on charges of burglary and armed robbery in front of their family and friends. There they were processed, fingerprinted and photographed, by the police. Then were blindfolded as they were transferred to the mock prison that was built in one of the basement of a campus building. They were deloused, had their heads shaven, and given their uniform and ID number and then placed in a cell as they would in a real prison setting. The other twelve men were the “guards”, those men were given a guard’s uniform, sunglasses, and a baton. Their orders only being to do what they thought was necessary to keep order in the prison but not to use any kind of violence. Even though the first day was uneventful you could see within hours both groups began to settle into their roles very quickly. It wasn’t until the second day there was a situation when the prisoner started a rebellion, which made the guards further adopt their role and began using more mental
Canada reached its utmost population rate in 2013, with 15,000 inmates; this is a drastic increase of 75% in the past decade. Incarceration rates are rapidly increasing as crime rates decrease. Upon release, former prisoners have difficulty adapting into society and its social norms. Criminologist, Roger Graef states that, "the vast majority of inmates, the loss of local connections with family, job, and home sentences them again to return to crime." Prisoners often result in lethargy, depression, chronic apathy, and despair, making them ultimately rigid and unable to assimilate back into the public. Depression, claustrophobia, hallucinations, problems with impulse control, and/or an impaired ability to think, concentrate, or remember are experienced by prisoners who are isolated for a protracted amount of time; research has indicated that prisons can cause amenorrhea, aggressive behaviour, impaired vision and hearing, weakening of the immune system, and premature menopause. With the lack of system programs, the constant violence, and the social isolation, the prison system fails to prepare prisoners for reintegration to society. Prisons do not provide the proper structural functionalism to rehabilitate former long-term prisoners into society.