Conspiracy Flashcards
Mens Rea
The mens rea of conspiracy is the intent to agree wtih another person to commit a crime and the intent to commit the crime.
No conspiracy to commit a crime with a mens rea of recklessness or negligence.
Mere knowledge that someone else intends to commit a crime is not enough to make a person a conspirator.
Common Law: had to be at least 2 conspirators
Conspiracy Elements
The INTENT TO AGREE with another person to commit a criminal act
the INTENT TO COMMIT the criminal act itself
Actus Reus
Agreement with another person to commit the crime; can be established circumstantially
1) Knowing engagement in a mutual plan to engage in a forbidden act
2) Usually proven using circumstantial evidence
3) No proof of a formal agreement required since such proof is often available
Hearsay
May be used in testimony of a co-conspirator to establish conspiracy; Such testimony ordinarily inadmissible.
Justified so long as there is a substantial, independent showing of the existence a conspiracy, and that the individual testifying was part of the conspiracy
Wheel and Chain
Chain: individual knows only the conspirators immediately above or below them in the conspiratorial chain
Wheel and Chain Conspiracies: Separate conspiracies (spokes) can be part of larger conspiracy when common co-conspirator (hub_ and conspirators knew of existence of other conspiracy or conspirators.
Overt Act
Majority of jurisdiction require proof of an overt act in furtherance of the conspiracy; not the same as actus reus
Act does not need to be substantial
Mere words are insufficient, requires an action
Bilateral Conspiracy
Bilateral CL: two or more persons must agree to commit unlawful act or lawful act by unlawful means
Wharton’s Rule: 2 people cannot be conspirators where they agree to commit crime that necessarily requires participation of both, unless more people involved.
Undercover Agent: CANNOT have conspiracy with undercover agent in bilateral jurisdiction
Unilateral Conspiracy
1 person may be conspirator if believes agreeing with another to commit a crime
Undercover Agents: CAN have conspiracy with undercover agent.
Co-conspirator Status: Person is conspirator under unilateral approach even if co-conspirator is never found or identified, not charged or acquitted.
Defenses to Conspiracy
Renunciation of Withdrawal
Voluntary: withdrawal must be voluntary and not based on belief of increased risk of being caught by police
Complete: withdrawal must be complete, cannot stop conspiring on one criminal objective while continuing another
Preventing Crime: Person withdrawing must assist police in preventing commission of crime by co-conspirators.
MPC Renunciation:
The actor
1) After conspiring to commit a crime
2) Thwarted the success of the conspiracy
under the circumstances manifesting complete and voluntary renunciation.
Difference between Conspiracy and Accomplice
Accomplice: Crime needs to be complete
1) Actus Reus: The act is aiding or encouraging or assisting someone who commits the crime
2) Mens Rea: Intent to aid and intent that principal actually commit the act.
Conspiracy: Crime does not need to be complete
1) Actus Reus: The act is the agreement
2) Mens Rea: Intent to agree and intent that the certain crime be accomplished.
Merger
Unless expressly provided, conspiracy convictions do not merge with convictions for crimes which were an object of the conspiracy unless the criminal objectives went beyond and particular offense actually committed in pursuance of the conspiratorial goals.
