Federal Criminal Law Conspiracy/Parties Flashcards
How many people do you need for a conspiracy and what do their intentions need to be?
2, must come together to intend to violate the law.
An agreement between two people to commit a crime or defraud the U.S
Can one of the two people needed for a conspiracy be a undercover, CI or a child?
No.
What has to happen after the agreement?
The overt act
How many people does a person need to know to become part of the conspiracy?
1 true co-conspirators
Does the conspiracy plan need to be in writing?
No
Does the overt act have to be a criminal act?
No, it can be as simple as buying some matches for the plan or getting a getaway car loaned from someone like EARL did.
How can someone withdraw from a conspiracy?
When steps are taken to withdraw… they have to do something to withdraw and say something “I dont want to be a part of this anymore im leaving to Cabo”. or go to the police.
If someone joins the conspiracy mid way (Late Joiners) are they responsible for what happen prior to joining?
No just for what happens from that point on.
What are the five essential elements the government must prove beyond reasonable doubt to establish a violation of 18 USC 371?
Two or more persons
Intentionally
Agree
To violate federal law or defraud the U.S
Commit an overt act in furtherance of the agreement
Do Co-conspirators need to meet and know each others identities?
No, but they must be aware of, or must reasonably foresee, each others existence and roles.
Is showing that a defendant was aware of the plan or that the defendant approved of the plan enough to prosecute?
No, the defendants intent to participate in the conspiracy must be proven.
What is 18 USC 2(A)?
Aiding and Abetting
Any person who knowingly aids, abets, counsels, commands, induces or procures the commission of an offense may be found guilty of that offense.
What must an individual do to be charged with “Aiding and Abetting”?
Defendant must actually do something to assist the commission of the crime.
Can someone aid and abet a completed crime?
Nope, if the affirmative acts occurs after the commission of the crime then the individual is not guilty of “aiding and abetting”.
What is 18 USC 3?
Accessory After The Fact
An accessory after the fact is one who, with knowledge that an offense was committed, receives, relieves, comforts or assists the offender with the intent to hinder or prevent the offender’s apprehension, trial or punishment.
