Conspiracy Liability Flashcards
What is conspiracy liability under Pinkerton? (Russo)
Each co-conspirator is criminally liable for offenses committed by other co-conspirators under Pinkerton.
What is Pinkerton liability? (Russo)
Conspirators are vicariously liable for crimes committed by their co-conspirators that are either - part of the conspiratorial agreement, not part of the conspiratorial agreement but REASONABLY FORSEEABLE, as a consequence of that agreement.
When are crimes committed by co-conspirators which are outside the scope of the conspiratorial agreement reasonably foreseeable? (Russo)
They are reasonably foreseeable if: the crime was OBJECTIVELY FORSEEABLE from the perspective of a reasonable person in similar circumstances.
What is the temporal scope of the conspiracy? (Russo)
The temporal scope means that conspiracies last until they are either successfully concluded (the target crime is completed) or all members of the conspiracy are arrested or (otherwise incapacitated)
Is Pinkerton liability retroactive? (Russo)
No. Later joining members of a conspiracy are not liable for crimes committed by other conspirators prior to their joining in the enterprise, but, prior overt acts (whether criminal in themselves or not) by other conspirators can be used to establish the substantive crime of conspiracy against later joining members.
Can you prosecute someone for other crimes that their co-conspirators committed even if they joined after the fact? (Russo)
No, but those crimes can be used to charge the newcomer with conspiracy.
What is abandonment of and withdrawal from of a conspiracy? (Q) (Russo)
Most jurisdictions quire that the defendant performs an affirmative act to disavow or defeat the conspiracy by:
Informing the authorities of the criminal endeavor;
Communicating withdrawal to the coconspirators; or
Dissolving the underlying agreement that forms the basis of conspiracy
Can a conspirator withdraw by merely failing to participate further in the conspiracy? (Q)
No. A conspirator cannot withdraw by merely failing to participate further in the conspiracy. Nor may the conspirator participate in the conspiracy until its completion, withdraw, and then cite withdrawal as a defense. Of course, if a conspirator re-initiates contact with his co-conspirators, the defense of abandonment is unavailable.
What is renunciation of a conspiracy? (Q) (Russo)
Renunciation of a conspiracy occurs when a conspirator, after conspiring to commit a crime, undermines the criminal objective of the conspiracy under circumstances that manifest a complete and voluntary rejection of the criminal activity. Renunciation, unlike withdrawal, can be a complete defense to conspiracy.
How can a person use renunciation as a defense for conspiracy? (Q)
For renunciation to serve as a defense, the rejection of the criminal activity must be voluntary. A conspirator who abandons the conspiracy because of fear of detection, or due to unforeseen obstacles to achieving the criminal objective, may not invoke renunciation as a defense because in that case his rejection of the crime is not voluntary.
What does withdrawal from a conspiracy require? (Russo)
Withdrawal requires more than a mere cessation of activity on the part of the defendant. It requires some affirmative action which disavows or defeats the purpose of the conspiracy. (Schweihs)
