Conspiracy and Parties Flashcards
def of conspiracy (partners in crime):
- was created because of inherent dangers posed to society when 2 or more persons PLOT to violate the law
what is the penalty for conspiracy?
- up to 5 years imprisonment
- (or 1 year if object of conspiracy is a misdemeanor)
elements of conspiracy (18 USC 371):
- 2 or more persons
- intentionally
- agree
- to violate federal law or defraud US govt. AND
- commit an overt act in furtherance thereof
undercover agents and conspiracy:
- agreement between UC and one other person = NO CONSPIRACY
- UC agents cannot be counted as part of conspiracy
confidential informants and conspiracy:
- agreement between CI and one other person = NO CONSPIRACY
- CI cannot be counted as part of conspiracy
mentally ill persons and conspiracy:
- does not have mental capacity to form intent
- cannot be counted as co conspirator
minors and conspiracy:
- depending on their intelligence, education, and maturity
- cannot be counted as conspirators
no mergers
- 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.
knowledge of other conspirators:
- defendant doesn’t have to know the identity and number of all conspirators.
- defendant must know AT LEAST ONE conspirator
proving intent of conspirators:
- can be inferred from the circumstances
- are the members acting in concert with another?
- admission by conspirators
KNOWLEDGE OF PLAN IS NOT ENOUGH!
vicarious liability for co-conspirators:
- 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.
the agreement must:
- be a crime against the US
OR
- tend to defraud the US
CAN BE INFERRED
factual impossibility irrelevant:
- 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!
the overt act:
- 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)
late joiners
- individuals who join the conspiracy after it has begun but before it has been terminated.
late joiners criminal liability:
- 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.
withdrawers
- 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
how to withdraw from a conspiracy:
- communicating withdrawal to one other conspirator
- taking an act inconsistent with the conspiracy
- mer cessation
withdrawal-conspiracy termination:
- a conspiracy does not terminate once a withdrawer has left as long as at least two other members remain
avoiding liability:
- a withdrawer CAN avoid all criminal liability by validly withdrawing PRIOR TO the overt act.
who is the principal?
- the person who committed the offense
who aids and abets:
- 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
what are aiders and abetters charged with?
- charged criminally with the offense they aided.
elements of aid and abet:
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
causing a person to commit a crime:
- 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
elements of accessory after the fact:
- 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.
misprision of a felony:
- 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
