Conspiracy

Question 1

Conspiracy

Answer 1

A mutual agreement or understanding, express or implied, between two or more persons to commit a criminal act or to accomplish a legal act by unlawful means.

Question 2

Conspiracy: Actus Reus

Answer 2

An agreement (and, in some jurisdictions, an overt act).

An express agreement is not necessary; an implicit agreement is enough.

Prosector must prove the “essential nature” of the agreement, not the details.

May be inferred through circumstantial evidence.

Question 3

Conspiracy: Mens Rea

Answer 3

A twofold specific intent is required for conviction: (1) intent to agree, and (2) the intent to commit the offense which is the object of the conspiracy.

There MUST be two people, and if the other person has no intent (joking or undercover cop), there can be no conspiracy.

Question 4

Pinkerton Liability

Answer 4

An actor is criminally liable for all crimes committed by the group in furtherance of the conspiracy, even if the defendant did not know about the group’s acts and did not assist them in any manner.

Question 5

Pinkerton Liability Elements

Answer 5

The crime must be:
(1) in furtherance of the conspiracy
(2) within the scope of the conspiracy
(3) reasonably foreseeable.

Question 6

Withdrawal/Abandonment

Answer 6

A partial defense to a charge of conspiracy; liable for conspiracy but cuts off Pinkerton liability for completed crime.

Conspirator must (1) desist and (2) communicate withdraw to co-conspirators.

In overt act jurisdictions, neither withdrawal nor abandonment are defenses after the commission of the overt act.

Question 7

Renunciation

Answer 7

A complete defense; relieved of all liability for conspiracy.

Conspirator must (1) desist and (2) thwart conspiracy.