Conspiracy

Question 1

The Pinkerton Rule

Answer 1

(1) Each D conspirator may be liable in a conspiracy for the acts of the other conspirators done in furtherance of the conspiracy
(2) MPC § 2.06 rejects Pinkerton Rule

Question 2

Merger of Offenses [Conspiracy]

Answer 2

(1) Does not merge with the completed crime under Common Law

(2) Does merge with the completed crime under MPC

Question 3

Elements of Conspiracy

Answer 3

(1) Agreement
o	Does not need to be express
o	Can be inferred from action
(2) Intent
o	To agree
o	To commit crime
o	Achieve end result
(3) Overt Act
o	Any member
o	Mere prep okay

Question 4

Defenses to Conspiracy [CL]

Answer 4

Termination of Agreement

(1) Withdraw and advise all members
(2) Limits future liability, not past liability

Question 5

Defenses to Conspiracy [MPC]

Answer 5

Renunciation

(1) Change of heart and mind
(2) Must thwart crime

Question 6

Types of Conspiracy

Answer 6

Bilateral [CL and TN]

Unilateral [MPC]

Question 7

Wharton’s Rule

Answer 7

If the substantive crime necessarily requires two ppl to commit it, you cannot try them for the separate crime of conspiracy b/c that would essentially be doubling up the charge