Conspiracy Flashcards
Common Law Conspiracy
“An intended agreement between two or more persons, made with the intent to commit a crime.”
Illinois Conspiracy Statute
“A person commits the offense of conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of that agreement is alleged and prove to have been committed by him or her or by a co-conspirator.”
Statutory Conspiracy Statute
“An intended agreement between two or more persons, made with the intent to commit a crime and the commission of an overt act toward the completion of the crime.”
Common Law Conspiracy requires a bilateral agreement, what is this?
Two or more conspirators must be involved in the actual intent and planning to commit a crime. This has a big effect on undercover work because it makes it means that there must be 2 conspirators with the undercover officer.
MPC and most state conspiracy statutes require a unilateral agreement, what is that?
Criminal conspiracy to commit a crime can occur with only one other individual with a undercover agent. Makes undercover work much easier.
Is the impossibility of the object of the conspiracy a defense?
Conspiracy, like attempt, is an inchoate offense. No substantive offense is actually needed.
A conviction may be obtained even when the goal of the conspiracy is impossible.
What is the federal conspiracy statute?
“If two or more persons conspire either to commit any offense against the United States… in any manner or for any purpose, and one or more of such person do any act to effect the object of the conspiracy…”
What is Wharton’s Rule?
If the crime itself involves two people then conspiracy is not possible with two people. To be convicted of conspiracy would require 3 or more people. Only common now a days in buying and selling goods.
What 3 things are required for Illinois Conspiracy?
Requires 3 different things:
1) An intent to commit a crime
2) An agreement with one or more others to commit that crime
3) An act in furtherance of the crime by at least one of the co-conspirators
How is intent used in conspiracy?
Intent is used to:
1) towards a conscious objective;
2) to accomplish the result of the crime.
Both must apply at the same or almost same time.
Is it possible for conspiracy to occur with a crime that requires a mens rea of recklessness?
No because two or more actors cannot 1) agree in advance to 2) accomplish an unintended result.
See palmer handout for more info.
Is mere presence at the scene of a crime enough to find an individual guilty of conspiracy?
An individual’s mere presence at the scene of the crime, even coupled with knowledge of the crime, is not sufficient to establish his guilt for a conspiracy charge.
Is withdrawal a defense for conspiracy?
It is an affirmative defense that-after conspiring to commit a crime- the accused informed law enforcement about the existence of the conspiracy or otherwise thwarted the commission of any offense in furtherance of the conspiracy.
