Conspiracy

Question 1

EPO #1

Can you have a two-person conspiracy if one of those people are a CI or UC?

Answer 1

NO, you need an Agreement

Question 2

EPO #1

Can you have a conspiracy if you have knowledge of the conspiracy but are not a party to it?

Answer 2

NO, knowledge alone cannot make you liable

Question 3

EPO #1

Are you still liable for the Consp if you withdraw?

Answer 3

NO, but you are liable for any criminal acts conducted before your withdraw

Question 4

EPO #2

Does Conspiracy meger with the Substantive crime?

Answer 4

No, No Merger

Question 5

EPO #2

Can there be inconsistent verdicts with Consp? (Ie. Convicted of Consp but not the actual crime?)

Answer 5

YES

Question 6

EPO #2

Does the overt act have to be illegal for Conspiracy to apply?

Answer 6

NO, overt act can be legal

Question 7

EPO #2

Do co-conspirators need to know each other in order for there to be a consp?

Answer 7

NO, just need to know 1 other person

Question 8

EPO #3

Is impossibility a defense in conspiracy?

Answer 8

NO

Question 9

EPO #3
If you use goods that are stolen by others are you guilty of conspiracy? If you buy stolen goods are you guilty of conspiracy?

Answer 9

All depend on the facts, but simply using the goods doesn’t necessarily make you liable, but buying the goods may make you liable all

Question 10

EPO #3

Are knowledge and participation of the plan enough to charge you with conspiracy?

Answer 10

Yes

Question 11

EPO #3

What are the elements of Conspiracy?

Answer 11

1. Two or More Persons
2. Enter into an agreement to commit a crime
3. An overt act is committed in the furtherance of that agreement

(Agreement + Overt Act = Conspiracy)

Question 12

EPO #4

Can the overt act be the actual crime that you are conspiring for?

Answer 12

YES

Question 13

EPO #4

If you join a conspiracy late, are you still liable for conspiracy? What exactly are you liable for?

Answer 13

Yes, late joiners are still liable for Consp

Late Joiners are liable for any conspiracy acts and results that happen after they joined the conspiracy

Question 14

EPO #5

Elements of Aiding and Abetting? Timing Issues involved?

Answer 14

1. Crime must actually have been committed
2. Knowledge of the Crime
3. Affirmative Act of Assocaiton

Timing Issue - actions ONLY before or during

Question 15

EPO #5

Can you be convicted of both aiding & abetting, and accessory after the fact even if the principal is never caught?

Answer 15

YES

Question 16

EPO #5

Accessory After the Fact Elements? Timing Issue involved?

Answer 16

1. With knowledge that an offense was committed
2. Receives, relieves, comforts or assists the offender
3. with intent to hinder or prevent the offender’s apprehension, trial or punishment

Timing Issue - ONLY after the crime

Question 17

EPO #4

Withdrawl requirments for Conspiracy?

Answer 17

1. Conspirator must perform an affirmative act inconsistent with the goals of conspiracy
2. Affirmative act must be reasonably calculated to be communicated to at least one other known conspirator or LEO personnel

(Notify Co-Conspirators or LEO of their withdraw)

Question 18

EPO #4

What acts are co-conspirators liable for, regarding the criminal acts of co-conspirators?

Answer 18

Liable for any resonably foreseeable criminal acts of co-conspirators