« on: May 03, 2009, 05:01:57 PM »
This is question #48 in the Emanuel Outline. I disagree with the answer:
Tarzan is planning to a bank and recruits Jane to act as a lookout & driver of the getaway car. Jane knows that Tarzan will be armed, and that he's determined not to get caugth no matter what. WHen they get to the bank, Jane waits outside with the motor running. Tarzan goes in and meets Sheena, who (unbeknownst to Jane) has previously agreed to help him out. During the robbery a bank guard tackles Tarzan and Sheena takes Tarzan's gun and shoots the guard to death so they can all escape. Is JANE guilty of murderin the guard's death.
Emanuel says there is a single conspiracy and Jane is guilty because the act was reasonably foreseeable & in furtherance of the conspiracy.
I say there were two separate conspiracies, one between Jane & Tarzan & another between Tarzan & Sheena. Under this interpretation it would be slightly more difficult to convict Jane because she is not technically a party to the conspiracy between Tarzan & Sheena. However, Jane would probably still be guilty because the death of an officer was reasonably foreseeable & occured in furtherance of Jane's conspiracy with Tarzan, regardless of the intervening acts of Sheena.