Conspiracy

Question 1

Conspiracy

Answer 1

(1) an agreement, express or implied, (2) between two or more people (3) to commit a crime, (4) combined with at least one overt act in furtherance of that agreement (in most jurisdictions).

Question 2

Merger

Answer 2

Does not merger under CL and SS

It does merger under MPC.

Question 3

Actus Reus

Answer 3

(1) An explicit or implicit agreement for the joint purpose of committing the underlying crime (2) between two or more people, and (3) an overt act undertaken in pursuit of the conspiracy.

Question 4

Agreement

Answer 4

Explicit: manifested by express words

Implicit: inferred from the parties’ course of conduct
Exists even if (1) not all parties know every detail of the arrangement as long as they know the essential nature, and (2) not all parties know each other

Question 5

Two or More People

Answer 5

In most jurisdictions, a defendant cannot be convicted of conspiracy if everyone with whom he allegedly conspired has been acquitted.

MPC rejects this rule.

Question 6

Overt Act

Answer 6

Most jdx and MPC

This act doesn’t need to be illegal. The overt act merely serves as proof that a conspiracy is at work.

Allegation and proof of an overt act by any party to the conspiracy is enough to prosecute all members of the conspiracy, including those who joined after the act was committed.

Question 7

Mens Rea

Answer 7

Conspiracy requires two layers of specific intent.

Intent to form an agreement AND any special mental state that is required for the target crime.

Question 8

Swain

Answer 8

Swain and Chatman participated in a drive-by shooting that resulted in the death of a 15-year-old boy. Chatman was guilty of second-degree murder and conspiracy for it. Swain was not guilty of the murder or lesser offenses but was guilty of conspiracy for it

Because the implied malice intent for second-degree is incapable or being proved by an express agreement, a specific intent to kill will also be necessary to prove conspiracy to commit second-degree murder.

Question 9

CL Bilateral Conspiracy

Answer 9

Two or more people have to agree genuinely and sincerely to commit the target crime.

Attaches to the rule that acquittal of a co-conspirator in the same trial means other co-defendant/conspirators are entitled to an acquittal on conspiracy

Dying rule in few jdx, but CL.

Question 10

Unilateral Conspiracy

Answer 10

MPC and Most jdx.

A person can be liable for conspiracy if that person agrees with someone who is only feigning agreement – only one of the two has to have the requisite intent.

Question 11

No merger

Answer 11

Conspiracy is a separate offense from the target offense. Defendant may be punished for (1) conspiracy to commit first-degree murder AND (2) first-degree murder. Sometimes accomplice liability will also apply.

Question 12

Number of Conspiracies

Answer 12

If the conspirators agree from the outset to engage in a course of conduct encompassing multiple crimes, then the crimes are treated as part of a single conspiracy.

However, a defendant may be convicted of multiple conspiracies if he entered into more than one distinct agreement to commit crimes.

Question 13

Scope and the Pinkerton Rule

Answer 13

A party to a conspiracy is responsible for any criminal act committed by an associate if: (1) it was committed in furtherance of the conspiracy, and (2) the act is a foreseeable consequence of the unlawful agreement.

Doesn’t matter whether the defendant was sufficiently involved in those crimes so as to be considered an accomplice.

Question 14

Pinkerton

Answer 14

Walter and Daniel were convicted of conspiracy to violate the internal revenue code, but Daniel was incarcerated on an unrelated matter when Walter undertook the offenses in furtherance of the conspiracy.

As long as there was an agreed upon partnership to commit the crimes and one of the conspirators carries the crimes out, all co-conspirators are guilty, unless the act was unforeseen or was not a natural consequence of the agreement.

Question 15

Proof and factors

Answer 15

A conviction of conspiracy may be based solely upon circumstantial evidence.

Factors indicating the existence of conspiracy:

1) association with alleged conspirators
2) knowledge of the commission of the crime
3) presence at the scene of the crime
4) participation in the object of the conspiracy

Question 16

Azim

Answer 16

Azim kept the vehicle waiting, with the doors open and engine on, in order to make the quickest getaway from the scene of the crime, and violence to victim occurred in the vicinity of the vehicle where Azim was sitting.

These facts together point to the notion that the he was fully aware of what was happening to Tennenbaum and that he acted in such a manner as to further the group’s objectives.

Question 17

Cook

Answer 17

Maurice was charged with rape and Dennis was charged as an accessory to rape, in addition to the conspiracy charge. The evidence presented in this case is insufficient to prove the existence of a preconceived agreement between the Cook brothers. The Cooks happened to meet the victim by chance in a popular common area.

At no time did the Cooks speak with each other outside the presence of the victim, giving them no opportunity to conspire after meeting the victim.

Accomplice liability is distinct from conspiracy liability, and mere evidence that the defendant was an accomplice to the crime is insufficient evidence of an agreement to form a conspiracy.

Question 18

Termination for Scope

Answer 18

A conspiracy continues until the conspirators abandon the conspiracy or complete the goal.

Abandonment presumed if no conspirator performs an overt act within the SoL

Completion is usually signaled by completion of the target crime. If the crime itself is just the means, then the conspiracy terminates once that end is achieved.

Question 19

MPC Merges

Answer 19

MPC 1.07(1)(b): When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if…(b) one offense consists only of a conspiracy or other form of preparation to commit the other.

If the conspiracy is ongoing, then defendants can be convicted of the criminal offense committed so far and conspiracy.

Question 20

MPC specific

Answer 20

Four types of agreement in MPC conspiracy, agreement to: (1) engage in the conduct, (2) attempt, (3) solicitation, (4) aid another.

Object of the conspiracy must be a criminal offense.

Overt Act required for conspiracy to commit misdemeanor or felony of the third degree, but first & second degree felonies do not require an overt act.

Merges under MPC.

Question 21

Abandonment Defense

Answer 21

An individual can limit liability by withdrawing from the conspiracy.

Not a complete defense, but it may cut off the withdrawing party’s liability for subsequent crimes committed by the remaining conspirators.

To withdraw: (1) a party must perform some affirmative act sufficient to place a reasonable person on notice of the party’s withdrawal and (2) this notice must be provided to all other members of the conspiracy in time for them to abandon too.

Some jdx require the withdrawer to successfully convince the rest of the conspirators to abandon the goal.

Question 22

MPC Renunciation and Abandonment

Answer 22

MPC 5.03(6): It is an affirmative defense that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

MPC 5.03(7)(c) if an individual abandons the agreement, the conspiracy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein.

Question 23

Wharton’s Rule and 3 exceptions

Answer 23

CL NOT MPC

Bars conviction for conspiracy to commit a crime that can be committed only by two or more culpable participants (bigamy, dueling, prostitution)

Exceptions:

1) Does not apply if the target offense was not actually completed
2) Does not apply if the conspiracy includes more participants than necessary to complete the offense
3) Does not apply if a person conspires to commit a crime for which that person cannot be liable