CONSPIRACY Flashcards

1
Q

Conspiracy

A

Agreement between two or more people to commit an unlawful act

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2
Q

CL mens rea

A

intent to agree

intent to commit target offense

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3
Q

mens rea mpc

A

acts with the purpose to promote or facilitate the commission of the substantive crime

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4
Q

CL actus reus

A

forming/making agreement

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5
Q

MPC actus reus

A

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

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6
Q

merger

A

CL: no merger
MPC: yes merger- merges with attempt or substantive offense

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7
Q

Pinkerton rule

A

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

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8
Q

Plurality requirement

A

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

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9
Q

abandonment

A

CL : no

MPC: renunciation- communicate intent to withdraw, complete and voluntary, thwart its success

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10
Q

Braverman rule

A

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

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11
Q

Azim

A

driving car when people get out to commit crime
evidence for agreement based on circumstantial evidence
azim factors

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