Conspiracy Flashcards
Identify when knowledge and intent are sufficient to constitute a conspiracy.
Defendant must know of the conspiracy and its overall plan or purpose. Must have agreed with someone.
Must have knowingly participated or agreed to participate.
Intent - joining with the intent to help the conspiracy succeed.
Identify how many persons are needed to form a conspiracy.
Two or more.
Government agents/confidential informants/ cannot be part.
Corporations - yes responsible for officer’s acts
Identify an agreement and its functions according to the provisions of Title 18 U.S.C. §371.
A common understanding to jointly accomplish the objective.
Recognize the function of an overt act in the crime of conspiracy.
Any act done for the purpose of advancing or helping the conspiracy. Must occur after the agreement.
Identify the limits of the withdrawer’s or late joiner’s criminal liability.
Late joiners after the first overt act - guilty of crime of conspiracy, guilty of subsequent, foreseeable acts, not guilty for prior acts.
Two requirements for withdrawal - affirmative act inconsistent with the conspiracy
Communication of the act to either one known coconspirator or the police
Identify when a person may be prosecuted for assisting another in the commission of a crime.
Aiding and abetting - defendant must actually do something to assist the commission of a crime. Must occur before or during the commission of the crime.
Accessory after the fact - defendant knew crime was committed, willfully assisted in preventing or hindering the apprehension, trial, and punishment.
