Conspiracy Flashcards
EPO #1
Can you have a two-person conspiracy if one of those people are a CI or UC?
NO, you need an Agreement
EPO #1
Can you have a conspiracy if you have knowledge of the conspiracy but are not a party to it?
NO, knowledge alone cannot make you liable
EPO #1
Are you still liable for the Consp if you withdraw?
NO, but you are liable for any criminal acts conducted before your withdraw
EPO #2
Does Conspiracy meger with the Substantive crime?
No, No Merger
EPO #2
Can there be inconsistent verdicts with Consp? (Ie. Convicted of Consp but not the actual crime?)
YES
EPO #2
Does the overt act have to be illegal for Conspiracy to apply?
NO, overt act can be legal
EPO #2
Do co-conspirators need to know each other in order for there to be a consp?
NO, just need to know 1 other person
EPO #3
Is impossibility a defense in conspiracy?
NO
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?
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
EPO #3
Are knowledge and participation of the plan enough to charge you with conspiracy?
Yes
EPO #3
What are the elements of Conspiracy?
- Two or More Persons
- Enter into an agreement to commit a crime
- An overt act is committed in the furtherance of that agreement
(Agreement + Overt Act = Conspiracy)
EPO #4
Can the overt act be the actual crime that you are conspiring for?
YES
EPO #4
If you join a conspiracy late, are you still liable for conspiracy? What exactly are you liable for?
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
EPO #5
Elements of Aiding and Abetting? Timing Issues involved?
- Crime must actually have been committed
- Knowledge of the Crime
- Affirmative Act of Assocaiton
Timing Issue - actions ONLY before or during
EPO #5
Can you be convicted of both aiding & abetting, and accessory after the fact even if the principal is never caught?
YES
EPO #5
Accessory After the Fact Elements? Timing Issue involved?
- With knowledge that an offense was committed
- Receives, relieves, comforts or assists the offender
- with intent to hinder or prevent the offender’s apprehension, trial or punishment
Timing Issue - ONLY after the crime
EPO #4
Withdrawl requirments for Conspiracy?
- Conspirator must perform an affirmative act inconsistent with the goals of conspiracy
- 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)
EPO #4
What acts are co-conspirators liable for, regarding the criminal acts of co-conspirators?
Liable for any resonably foreseeable criminal acts of co-conspirators
