Conspiracy Flashcards
Conspiracy Def
An agreement, express or implied, between two or more persons to commit a criminal act or series of criminal acts, or to accomplish a legal act by unlawful means
Inchoate offense
Actus Reus - Conspiracy
Conspiratorial agreement - established inferentially or circumstantially
Mens Rea
Intent to agree with another person to commit the target act
Intent to commit the target act itself
Overt acts in furtherance of the conspiracy
Many jurisdictions require an over act to separate from mere talk - can be trivial or wholly preparatory
Common Law: Bilateral conspiracy (used by federal system)
Two or more persons must be in actual agreement to commit a criminal act for a conspiracy to
be formed.
MPC: Unilateral conspiracy
Only a single individual who believes that he is agreeing with another person to commit a
criminal act is required for a conspiracy to be formed.
MPC overt act
Required unless for felony of first degree or second degree
Whartons Rule
Two people cannot be convicted for conspiracy when they have committed a crime that by definition requires the participation of two people (and only two). - Only common law - MPC does not recognize
MPC renunciation
affirmative defense that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose - MENTION IF RENUNCIATION OCCURS OR NOT
TPC renunciation
countermanded his solicitation or withdrew from the conspiracy before commission of the object offense and took further affirmative action that prevented the commission of the
object offense- MENTION IF RENUNCIATION OCCURS OR NOT
Non-Merger Doctrine
conspiracy (in a majority of jurisdictions) does not merge (like attempt) with the completed criminal object of the conspiracy. - MENTION THAT IT DOES NOT MERGE IF APPLICABLE
Pinkerton Doctrine
Co-conspirators are held culpable for the criminal acts of their co-conspirators undertaken in furtherance, and within the scope, of the conspiracy - liable for crimes even if co did not participate
