Conspiracy

Question 1

Conspiracy

Answer 1

AGREEMENT (must be expressed) + INTENT (can be inferred from conduct) to agree, + intent to pursue an unlawful objective

NO MERGER

Question 2

Common Law Bilateral Agreement

Answer 2

Two guilty minds

Question 3

MPC Unilateral Agreement

Answer 3

Once Guilty Mind

Question 4

Liability of Co-Conspirators

Answer 4

Each conspirator is liable for all crimes of the co-conspirators if those crimes were committed IN FURTHERANCE OF THE CONSPIRACY and FORESEEABLE

Question 5

Feigning Agreement

Answer 5

If one person is merely feigning agreement the other person cannot be guilty of the conspiracy

EXCEPTION: MPC Unilateral Approach

Question 6

Wharton Rule

Answer 6

Two or more people are necessary for commission of substantive offense, there is NO CRIME of conspiracy UNLESS more parties participate in the agreement than are necessary for the crime

Question 7

Wharton Rule Exception

Answer 7

Does not apply to agreement with NECESSARY PARTIES NOT PROVED FOR by substantive offense

Question 8

Defenses to Conspiracy

Answer 8

Agreement with Persons in Protected Class (look for MPC Unilateral)

Acquittal - if all defendants to a conspiracy are acquitted, the last Defendant cannot be prosecuted for conspiracy.

Factual Impossibility is not a defense to conspiracy

Question 9

Overt Act Requirement

Answer 9

Majority: there must be an agreement + over act in furtherance of conspiracy. (any little act will do even mere preparation)

Minority: Agreement will do

Question 10

Effects of Withdrawal

Answer 10

Not relieve the defendant from liability for the conspiracy itself.

Can withdraw from liability for the other conspirators subsequent crimes MUST NEUTRALIZE ASSISTANCE GIVEN