Conspiracy and Parties

Question 1

def of conspiracy (partners in crime):

Answer 1

• was created because of inherent dangers posed to society when 2 or more persons PLOT to violate the law

Question 2

what is the penalty for conspiracy?

Answer 2

• up to 5 years imprisonment

- (or 1 year if object of conspiracy is a misdemeanor)

Question 3

elements of conspiracy (18 USC 371):

Answer 3

• 2 or more persons
• intentionally
• agree
• to violate federal law or defraud US govt. AND
• commit an overt act in furtherance thereof

Question 4

undercover agents and conspiracy:

Answer 4

• agreement between UC and one other person = NO CONSPIRACY

- UC agents cannot be counted as part of conspiracy

Question 5

confidential informants and conspiracy:

Answer 5

• agreement between CI and one other person = NO CONSPIRACY

- CI cannot be counted as part of conspiracy

Question 6

mentally ill persons and conspiracy:

Answer 6

• does not have mental capacity to form intent

- cannot be counted as co conspirator

Question 7

minors and conspiracy:

Answer 7

• depending on their intelligence, education, and maturity

- cannot be counted as conspirators

Question 8

no mergers

Answer 8

• conspiracy is a separate crime and doesn’t merge with other crimes.
• ex: “T&L” agree to rob a bank. They successfully do it. They will be charged with robbery AND conspiracy.

Question 9

knowledge of other conspirators:

Answer 9

• defendant doesn’t have to know the identity and number of all conspirators.
• defendant must know AT LEAST ONE conspirator

Question 10

proving intent of conspirators:

Answer 10

• can be inferred from the circumstances
• are the members acting in concert with another?
• admission by conspirators

KNOWLEDGE OF PLAN IS NOT ENOUGH!

Question 11

vicarious liability for co-conspirators:

Answer 11

• each conspirator is responsible for all the FORESEEABLE ACTS committed in furtherance of the conspiracy by co-conspirators.
• Ex: “T&L” rob a bank. During robbery “L” kills a security guard. Both “T&L” will be charged with conspiracy, robbery, and murder.

Question 12

the agreement must:

Answer 12

• be a crime against the US

         OR

• tend to defraud the US

CAN BE INFERRED

Question 13

factual impossibility irrelevant:

Answer 13

• the fact that the objective was factually impossible to achieve is irrelevant.
• Ex: both “T&L” agree to rob a bank. They steal a vehicle first. It’s a holiday and all banks are closed. They can still be prosecuted for conspiracy!

Question 14

the overt act:

Answer 14

• required to complete the conspiracy
• any act by a conspirator that tends to further the overall objective of the conspiracy
• must occur AFTER THE AGREEMENT between the parties
• CAN BE LEGAL OR ILLEGAL (stealing OR borrowing a car to rob a bank)

Question 15

late joiners

Answer 15

• individuals who join the conspiracy after it has begun but before it has been terminated.

Question 16

late joiners criminal liability:

Answer 16

• liable for foreseeable acts of other conspirators committed AFTER he joined the conspiracy.
• not liable for crimes that occur before he joined the conspiracy
• no additional overt act required needed after he joins.

Question 17

withdrawers

Answer 17

• liable for all foreseeable acts of other conspirators while he is a member of the conspiracy
• not liable for acts that occur after he withdraws from the conspiracy

Question 18

how to withdraw from a conspiracy:

Answer 18

• communicating withdrawal to one other conspirator
• taking an act inconsistent with the conspiracy
• mer cessation

Question 19

withdrawal-conspiracy termination:

Answer 19

• a conspiracy does not terminate once a withdrawer has left as long as at least two other members remain

Question 20

avoiding liability:

Answer 20

• a withdrawer CAN avoid all criminal liability by validly withdrawing PRIOR TO the overt act.

Question 21

who is the principal?

Answer 21

• the person who committed the offense

Question 22

who aids and abets:

Answer 22

• those who counsel, assist, command, induce or encourage the commission of a crime
• occurs before or during the commission of the crime.
• may be prosecuted even if the principal is not caught

Question 23

what are aiders and abetters charged with?

Answer 23

• charged criminally with the offense they aided.

Question 24

elements of aid and abet:

Answer 24

a) crime must actually be committed
b) knowledge of the crime
c) affirmative act of association
- MERE KNOWLEDGE OF THE CRIME ISN’T ENOUGH
- NO REQUIREMENT THE PRINCIPAL BE PROSECUTED

Question 25

causing a person to commit a crime:

Answer 25

• defendant actually caused an act to be done
• that act would be an offense if performed by the causer
• the causation was intentional
• Ex: Mom directs her 8 year old child to steal

Question 26

elements of accessory after the fact:

Answer 26

• someone committed a federal crime
• defendant knew the crime was committed; AND
• the defendant WILLFULLY ASSISTED IN PREVENTING THE ARREST of the principal.
• NOT PUNISHED FOR THE CRIME!
• Ex: allowing a criminal to hide in a vacation home.

Question 27

misprision of a felony:

Answer 27

• knowledge of a felony
• coupled with an affirmative act of concealment (of crime or true nature of crime)
• NOT TELLING THE POLICE
• OCCURS AFTER THE FELONY CRIME HAS BEEN COMPLETED
• REQUIRES CONCEALMENT