Conspiracy

Question 1

What is conspiracy?

Answer 1

Conspiracy is the crime of planning to commit crime with someone else

Question 2

What is key evidence of conspiracy?

Answer 2

The key is evidence that defendants crossed the line from thinking about the crime together to collective preparation to commit the crime

Question 3

What is the general rule regarding when there has been conspiracy?

Answer 3

Agreement to create an unlawful criminal combination between two or more persons with the intent to agree and the specific intent or purpose to commit the unlawful act

Question 4

What is the overt act requirement for conspiracy?

Answer 4

Common law: overt act was not required, with the agreement itself being the crime

Modern law: requires an overt act in furtherance of conspiracy

Question 5

What is required under the modern law regarding an overt act sufficient to establish conspiracy?

Answer 5

Beginning preparation to commit the crime is all that is required, the act can be very trivial, and much less significant than the act required for a successful attempt

Question 6

What is conspirator liability based on the Pinkerton rule?

Answer 6

Each co-conspirator is liable for the crimes of all other co-conspirators where the crimes were both
1. a foreseeable outgrowth of the conspiracy
2. committed in furtherance of the conspiratorial goal

Question 7

What is common law rule regarding unilateral conspiracies?

Answer 7

Under the common law, if there are only two conspirators, the acquittal of one co-conspirator required acquittal of the other, as conspiracy needs two persons

Question 8

What is MPC rule regarding unilateral conspiracies?

Answer 8

The MPC allows for unilateral conspiracies, which permits the conviction of a single party when the other party feigned agreement or is acquitted

Question 9

What are defenses to conspiracy?

Answer 9

1. Withdrawal
2. Renunciation

Question 10

What are requirements for withdrawal from a conspiracy?

Answer 10

Under both MPC and common law withdrawal requires notice to all conspirators

Question 11

What is extent of liability for a co-conspirator who withdraws?

Answer 11

A complete and voluntary withdrawal severs liability for future crimes, but is not a defense to the charge of conspiracy itself

Question 12

What is renunciation?

Answer 12

Applicable only in MPC jurisdictions, renunciation is withdrawal plus affirmative act to thwart the conspiracy

Question 13

What is extent of liability for co-conspirator who renounces the conspiracy?

Answer 13

renunciation will eliminate liability for both future crimes and liability regarding the conspiracy itself