Garcia Argumentative Essay

A conspiracy is the union between two or more individuals to engage in an offense at a particular period in the future (Okoth, 2014). According to Garcia’s case resented to the Mitchell court in 1998 there a number of actions that he had committed amounting to a conspiracy. A conspiracy of one is said to be an agreement and the fact that Garcia was a gang member showed that he had made an agreement to serve in his gang at any time (DeHaven-Smith, 2013). Secondly, some witnesses presented to the court said that they had seen Garcia shooting towards the enemy gang an act that shows conspiracy to commit a murder crime. Lastly according to the prosecution witnesses Garcia was looking for a fight from his “smack talking”.
The government in the hand had a number of evidence provided as proof to show that Garcia had indeed conspired to commit the crime of shooting against his enemies. The first evidence was the fact that Garcia was involved in gangs. The government argued that the choice to join a gang means that Garcia agreed to support his gang in any criminal activity, hence making him a liable criminal for the conspiracy. Secondly the violent acts of Garcia and the provocative language were also evidence by the government to show that Garcia conspired to commit the offense he was accused of. …show more content…
According to the Mitchell court if involved in a gang was used as evidence to convict an individual of conspiracy, then every person in a gang should be held liable for a crime committed by their fellow members even when he has not participated in that crime. Therefore the court had decided to release Garcia as a result of insufficient evidence provided to the court by the government. Direct evidence that shows the conformity to engage in crime is the only reliable proof to identifying conspiracy (Webb,

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