Conspiracy

Question 1

What are the elements?

Answer 1

An agreement to commit an unlawful act, or a lawful act by illegal means.

Question 2

Standard of proof?

Answer 2

Majority: Requires proof that two or more person enter into the agreement
MPC/Minority: Requires proof of the D’s intent to agree

Question 3

Mens rea

Answer 3

Intent to agree and knowledge of the criminal objective of the agreement

Question 4

Is an overt act required?

Answer 4

MPC requires an overt act. The act need only be a step in completing the object of the conspiracy and not a crime or an attempt to commit a crime

Question 5

What is Wharton’s Rule?

Answer 5

For jx that do not use MPC, the rule precludes a conspiracy charge for an offense that necessarily involves two persons for a crime.

Question 6

What is the Pinkerton doctrine?

Answer 6

In jx that accept it, a conspirator is liable for all offenses carried out by any co-conspirator that are foreseeable and in furtherance of the conspiracy.