Conspiracy Flashcards
Solicitation
- the crime of seriously asking someone to commit a crime
- not an attempt to commit the crime solicited
Solicitation
Mens rea: specific intent that the person solicited commit the crime
Actus reus: commanding, encouraging, or requesting another person to commit a specific crime
- does not matter whether criminal act solicited took place or not
- defense if she voluntarily and completely renounced her original criminal intention and prevented the commission of the crime by the person solicited (MPC and some jurisdictions)
Withdrawal / renunciation
Common Law: not a defense
MPC: a defense if D prevents the commission of the crime such as by persuading the person solicited not to commit the crime
Solicitation
- a separate criminal offense AND
- one way to establish a person’s accomplice liability for commission of the substantive offense if that offense is committed subsequently by the person solicited
- MPC: solicitation is a crime with respect to any target crime
- Minority jurisdictions: solicitation is only an offense of specific crimes, (murder, prostitution or serious felonies)
Mergers
- Solicitation merges with murder
- Attempt merges with murder
- Conspiracy DOES NOT merge with murder
- Solicitation merges with conspiracy and completed crime
Solicitation merges with attempt
Differences
- conspiracy exists where solicitation results in commission of crime by person solicited
- the act element of solicitation includes conduct that falls short of the conduct necessary - a conspiratorial agreement - to establish a criminal conspiracy
Options
1: solicitation
2: attempt
3: substantive offense (jury can decide to convict of attempt only [a lesser included])
4: conspiracy, substantive offense
Conspiracy
- An agreement between two or more persons;
- an intent to enter into an agreement, and
- an intern to achieve the objective of the agreement
Modern common law conspiracy
Actus reus:
1) an agreement
2) between two or more people
3) to perform an unlawful act, or a lawful act through unlawful means
4) over act in furtherance of agreement
MPC conspiracy
1) person is guilty of conspiracy if with the PURPOSE of promoting or facilitating its commission he:
a) agrees with such other persons that they will engage in conduct that constitutes such crime or an attempt or solicitation to commit such crime, or
b) agrees to aid such persons in the planning or commission of such crime or an attempt/solicitation to commit crime
5) no person convicted of conspiracy other thant first of second degree felony unless overt act is alleged and proved
modern common law conspiracy
1) an agreement
2) between two or more people
3) to perform and unlawful act, or a lawful act through unlawful means and
4) over act if furtherance of agreement
Mens rea - Specific intent
1) intent to agree and
2) intent that the crime is committed - the objective of the agreement is accomplished
Common law conspiracy charging
- D can be convicted of and punished for both crimes
1) conspiring to commit a crime and
2) actually committing it
MPC conspiracy charging
- D can’t be convicted of conspiring to commit X and committing X
2 types of conspiracy agreements
1) wheel conspiracy
2) chain conspiracy
Wheel conspiracy
- central figure independently reaches out to others who know of each other’s role
- to establish one agreement, have to prove unifying agreement between conspirators (hard to establish)
Chain conspiracy
range of individuals involved in continuing course of conduct in a series of criminal acts (best example - drug distribution conspiracy)
Overt act
An overt act committed by a conspirator in furtherance of the conspiracy does not have to necessarily violate the law
EX: purchase of boat or vehicle is not an illegal act
Limit 1: Wharton’s Rule
crime by nature requires agreement of two people to engage in conduct so no additional conspiracy charges can apply
(gambling, bigamy, adultery, incest, bribery, extortion, sale of stolen property, unlawful restraint on trade, simple drug sales)
Limit 2: Abandonment and renunciation [Common law]
- agreement is from
- overt act is committed
- abandonment/withdrawal is not a defense to conspiracy
Limit 2: Abandonment and renunciation [MPC]
- affirmative defense if D thwarts the success of the conspiracy demonstrating a complete and voluntary renunciation
1) must withdraw/renounce the criminal purpose and
2) must negate the danger of the group D joined (affirmative act: effort to stop crime or notify authorities - a conspiracy continues unless terminated or abandoned. Abandonment assumed if no overt act is done and person abandons conspiracy as to him only id he advises conspirators of his abandonment or informs police of conspiracy
Pinkerton Liability
Co-conspirator is criminally liable for all foreseeable crimes committed in furtherance of conspiracy
MPC rejects Pinkerton
A person is legally accountable for the conduct of another when:
1) acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct, or
2) he is made accountable for the conduct of such other person by the code or law defining the offense,or
3) he is an accomplice of such other persons in the commission of the offense
