Conspiracy Flashcards
Elements of Conspiracy
(1) an agreement between two or more persons;
(2) an intent to enter into an agreement; and
(3) an intent to achieve the objective of the agreement.
Agreement Requirement
The parties MUST agree to accomplish the same objective by mutual action. Doesn’t need to be express. Can be shown by being aware of the purpose and existence of the conspiracy and agreeed to participate in the common purpsose.
Agreement Requirement: Object of the Agreement
Common law: necessary that the object of the agreement was something “unlawful” or that the parties intended to accomplish something lawful by “unlawful” means.
Majority: object of the conspiracy must be some crime or some felony or the achievement of a lawful object by criminal means.
Agreement Requirement: Multiple Crimes
If there is an initial agreement among the parties to engage in a course of criminal conduct constituting all the crimes, then there is only ONE conspiracy.
Agreement Requirement: Number of Conspiracies in Multiple Party Situations
(1) Chain Relationship - One Large Conspiracy
(2) Hub-and-spoke Relationship - Multiple Conspiracies
Chain Relationship Definition
If there is a series of agreements, all of which are regarded as part of a single large scheme in which all of the parties to the subagreements are interested, the situation will be regarded as on large conspriacy involving all the participants. The subagreements will be characterized as “links” in the overall “chain” relationship.
“Hub-and-Spoke” Relationships Definition
One participant may enter into a number of subagreements, each involving different persons. All of the agreements are similar in that they have ONE common member. The common member can be characterized as the “hub” and each subagreement as a spoke.
Agreement: Requirement of Two or More Parties Trends
(1) MPC - Unilateral Approach
(2) Common Law - Bilateral approach
(3) Wharton Rule
MPC - Unilateral Approach
Only one party has to have genuine criminal intent. (i.e. can still be convicted of conspiracy if the other person is a PO working under cover)
Common Law - Bilateral Approach
Requires two “guilty minds”. If one person is in a two-party agreement is only feigning agreement, the other party cannot be convicted of conspiracy.
Problems with Bilateral Approach?
Husband and Wife: can’t conspire together, b/c the law views them as one person. However, can be guilty with a third person. THIS has been abandoned in virtually all states.
Corporation and Agent: There can be no conspiracy. There is a split of authority as to whether the agents can be deemed co-conspirators.
Wharton Rule
Where two or more peope are necessary for the commission of the substanative offense, there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime.
Some courts rule that IF the wharton rule applies, there can never be a conviction for conspiracy.
Others hold that if the rule applies, it prohibits conviction for both conspiracy AND the crime that the parties agreed to commit.
Agreement with Person in “Protected Class”
If members of a conspiracy agree to commit an act that violates a statute that was designed to protect persons within a given class, a person within that class cannot be guilty of the crime itself. Moreover, she cannot be guilty of a conspiracy to commit that crime.
Effect of Acquittal of Other Conspirators
Most courts: the acquittal of all persons whom a defendant is alleged to have conspired precludes conviction of remaining defendant. DOES NOT apply when the parties are not apprehended, charged with lesser offenses, or are no longer being prosecuted (nolle prosequi)
Definition of Mental State for Conspiracy
Conspiracy is specific intent crime. Two intents required:
(1) Intent to Agree
(2) Intent to Achieve Objective
Other kinds:
(3) Intent to facilitate conspiracy
(4) Corrupt Motive (Not Required)
(5) Conspiracy to Committ “Strict Liability” Crimes
