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Criminal Law > CONSPIRACY > Flashcards

CONSPIRACY Flashcards

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1
Q

Conspiracy

A

The crime of agreeing to commit a crime

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2
Q

Actus Reus

A

Agreement

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3
Q

Mens Rea

A

GI: purpose to agree
SI: purpose to commit the target offense

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4
Q

Attendant Circumstances

A

Overt Act/LP

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5
Q

What is an overt act?

A

YOU MUST HAVE OVERT ACT FOR CONSPIRACY

  • Proves that it was more than just talk.
  • The act doesn’t have to criminal or unlawful
  • Can only be committed by 1 member of the conspiracy
  • Mere preparation will suffice (purchasing matches, DL address)
  • Proves LP/substantial step
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6
Q

CL Rules

A

Strict bi-lateral agreement

  • The agreement must by 2 or more people
  • Actual agreement no feigned (ex. can’t ever agree w/undercover cop)
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7
Q

General Rules

A
  • Has to be an agreement BEFORE the target offense; NOT during
  • No conspiracy to an UNINTENTIONAL/RECKLESS/NEGLIGENT crime
  • If the target offense is not complete or attempted = Still liable for conspiracy
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8
Q

2 types of Conspiracy

A

The nature of the agreement determines whether there is a single or a multiple conspiracy

1) Wheel aka Hub and Spoke: No in agreement with each other no common purpose (organized crime) 1 kingpin and different spokes
2) Chain Conspiracies: All share a common interest; several crimes are committed under 1 large scheme in which each member knows generally of the other parties’ participation; even they didn’t know they should of (drug distribution)

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9
Q

Proving implied agreement

A

The nature of the crime (spontaneous or a complex level of choreography)

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10
Q

Pinkerton Liability (CL & MPC)

A

An accomplice can be guilty of all the other co-conspirators crimes where the crimes were both:

1) in furtherance of the conspiracy AND
2) It is an objectively foreseeable
* outgrows from the conspiracy; ∆doesn’t even have to know*

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11
Q

Limitations on Conspiracy (CL)

A

Wharton’s Rule: if the target offense includes 2 people than not charged with conspiracy.

  • DBAG
  • 3rd party brought in – conspiracy

Legislative Exemption: can’t convict someone of conspiracy if they are the person the law intended to protect.

Braverman Rule:

  • 1 agreement + multiple conspiracies = 1 conspiracy
  • Multiple agreements = multiple conspiracies
  • *Exception to Braverman: 1 agreement violates multiple statutes = multiple conspiracies (Rare)
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12
Q

CL Rules

A

Strict bi-lateral agreement

  • The agreement must by 2 or more people
  • Actual agreement no feigned (ex. can’t ever agree w/undercover cop)
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12
Q

CL Rules

A

Strict bi-lateral agreement

  • The agreement must by 2 or more people
  • Actual agreement no feigned (ex. can’t ever agree w/undercover cop)
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13
Q

General Rules

A
  • Has to be an agreement BEFORE the target offense; NOT during
  • No conspiracy to an UNINTENTIONAL/RECKLESS/NEGLIGENT crime
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13
Q

Public Policy:

A

No merger for conspiracy bc criminal combinations are deemed dangerous apart from the underlying crime itself.

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13
Q

2 types of Conspiracy

A

The nature of the agreement determines whether there is a single or a multiple conspiracy

1) Wheel aka Hub and Spoke: No in agreement with each other no common purpose (organized crime) 1 kingpin and different spokes
2) Chain Conspiracies: All share a common interest; several crimes are committed under 1 large scheme in which each member knows generally of the other parties’ participation; even they didn’t know they should of (drug distribution)

14
Q

Proving implied agreement

A

The nature of the crime (spontaneous or a complex level of choreography)

14
Q

Proving implied agreement

A

The nature of the crime (spontaneous or a complex level of choreography)

15
Q

Defenses

A

CL - Withdrawl:
-Complete and voluntary
Communicate to all con-conspirators or
-Effectively intervene the commission of the crime
-Severs Pinkerton liability (only future crimes; still guilty of past crimes)

MPC - Renunciation:

  • Must be complete and voluntary
  • Must communicate to all parties (severs pinkerton)
  • Must be before the target offense occurs
  • If D intervenes and foils he erases all guilt for conspiracy and future crimes.
16
Q

Pinkerton Liability

A

An accomplice can be guilty of all the other co-conspirators crimes where the crimes were both:

1) in furtherance of the conspiracy AND
2) It is an objectively foreseeable
* outgrows from the conspiracy; ∆doesn’t even have to know*

16
Q

Pinkerton Liability

A

An accomplice can be guilty of all the other co-conspirators crimes where the crimes were both:

1) in furtherance of the conspiracy AND
2) It is an objectively foreseeable
* outgrows from the conspiracy; ∆doesn’t even have to know*

17
Q

Limitations on Conspiracy

A

Wharton’s Rule: if the target offense includes 2 people than not charged with conspiracy.

  • DBAG
  • 3rd party brought in – conspiracy

Legislative Exemption: can’t convict someone of conspiracy if they are the person the law intended to protect.

Braverman Rule:

  • 1 agreement + multiple conspiracies = 1 conspiracy
  • Multiple agreements = multiple conspiracies
  • *Exception to Braverman: 1 agreement violates multiple statutes = multiple conspiracies (Rare)
17
Q

Limitations on Conspiracy

A

Wharton’s Rule: if the target offense includes 2 people than not charged with conspiracy.

  • DBAG
  • 3rd party brought in – conspiracy

Legislative Exemption: can’t convict someone of conspiracy if they are the person the law intended to protect.

Braverman Rule:

  • 1 agreement + multiple conspiracies = 1 conspiracy
  • Multiple agreements = multiple conspiracies
  • *Exception to Braverman: 1 agreement violates multiple statutes = multiple conspiracies (Rare)
18
Q

CL Rules

A

Strict bi-lateral agreement

  • The agreement must by 2 or more people
  • Actual agreement no feigned (ex. can’t ever agree w/undercover cop)
19
Q

General Rules

A
  • Has to be an agreement BEFORE the target offense; NOT during
  • No conspiracy to an UNINTENTIONAL/RECKLESS/NEGLIGENT crime
20
Q

2 types of Conspiracy

A

The nature of the agreement determines whether there is a single or a multiple conspiracy

1) Wheel aka Hub and Spoke: No in agreement with each other no common purpose (organized crime) 1 kingpin and different spokes
2) Chain Conspiracies: All share a common interest; several crimes are committed under 1 large scheme in which each member knows generally of the other parties’ participation; even they didn’t know they should of (drug distribution)

21
Q

Proving implied agreement

A

The nature of the crime (spontaneous or a complex level of choreography)

22
Q

Pinkerton Liability

A

An accomplice can be guilty of all the other co-conspirators crimes where the crimes were both:

1) in furtherance of the conspiracy AND
2) It is an objectively foreseeable
* outgrows from the conspiracy; ∆doesn’t even have to know*

23
Q

Limitations on Conspiracy

A

Wharton’s Rule: if the target offense includes 2 people than not charged with conspiracy.

  • DBAG
  • 3rd party brought in – conspiracy

Legislative Exemption: can’t convict someone of conspiracy if they are the person the law intended to protect.

Braverman Rule:

  • 1 agreement + multiple conspiracies = 1 conspiracy
  • Multiple agreements = multiple conspiracies
  • *Exception to Braverman: 1 agreement violates multiple statutes = multiple conspiracies (Rare)
24
Q

Does Conspiracy Merge?

A

NEVER!!!! Unless Special Merger rule only in MPC

25
Q

Special Rules of Conspiracy for MPC

A

Unilateral agreement: can agree with someone that is not able to carry out the agreement (cop, mentally ill) as long as ∆ had the purpose to agree = guilty of conspiracy

Special Merger Rule: If there’s ONLY 1 target offense of the conspiracy and that target offense is consummated, the conspiracy merges into the completed offense.

  • So charge with the crime only not the conspiracy + the crime.
26
Q

Can you have “attempted conspiracy” in CL?

A

Yes in CL ONLY! When there’s a unilateral conspiracy

27
Q

Defenses

A

CL - Withdrawl:
-Complete and voluntary
Communicate to all con-conspirators or
-Effectively intervene the commission of the crime
-Severs Pinkerton liability (only future crimes; still guilty of past crimes)

MPC - Renunciation:

  • Must be complete and voluntary
  • Must communicate to all parties (severs pinkerton)
  • Ruin the conspiracy
  • Must be before the target offense occurs
28
Q

Public Policy:

A

No merger for conspiracy bc criminal combinations are deemed dangerous apart from the underlying crime itself.

29
Q

HYPOS

A

No conspiracy to:

  • Involuntary manslaughter
  • Implied malice murder
  • Neghob
  • Anything that combines “should have known” and “conspiracy” cause thats negligence.

Only guilty of conspiracy she there is an intentional act.

Criminal Law (7 decks)

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