CONSPIRACY Flashcards
Conspiracy
Agreement between two or more people to commit an unlawful act
CL mens rea
intent to agree
intent to commit target offense
mens rea mpc
acts with the purpose to promote or facilitate the commission of the substantive crime
CL actus reus
forming/making agreement
MPC actus reus
agreement + overt act in furtherance of conspiracy (needs to be manifestation of agreement being carried out- need not be substantial)(neeed not go beyond mere preparation
merger
CL: no merger
MPC: yes merger- merges with attempt or substantive offense
Pinkerton rule
common law
when a person is held respnsible for actons of co conpsirators
once conspiracy is formed, each person is responsible for the actions of others in the conspiracy as lng as those actions were in furtherance of conspiracy
Plurality requirement
CL : bilateral- cannot conspire with yourself, need two parties
MPC: unilateral- defined in terms of single party\y, focus on culpability of the individual actor rather than that of the group
abandonment
CL : no
MPC: renunciation- communicate intent to withdraw, complete and voluntary, thwart its success
Braverman rule
CL : single agreement to committ multiple crimes = one count of conspiracy
MPC: broader + if agreements are part of continuous conpsiratorial relationship, can count as one conspiracy
Azim
driving car when people get out to commit crime
evidence for agreement based on circumstantial evidence
azim factors