Inchoate Offenses: Conspiracy Flashcards
What elements are required for conspiracy (3) ?
- an AGREEMENT btwn 2+ persons to commit unlawful
- INTENT to enter into the agreement
- an INTENT by at least 2+ persons to achieve the object of the agreement
PLUS (in most jdxns) –> there must be an “overt act” (however act of mere preparation will suffice)
With regards to the “agreement” requirement, does the agreement need to be express?
No.
Agreement may be inferred from joint activity.
What issue arises with regards to the “requirement of 2+ parties”
There is a split:
- Modern Trend (M.P.C.) - “unilateral approach”
- Common Law - “bilateral approach”
With regards to the requirement of 2+ parties, what is the “unilateral approach”?
Modern Trend (MPC) “Unilateral Approach” - requires that only ONE party have genuine criminal intent.
EFFECT –> D can be convicted of conspiracy if he conspires with police officer etc.
With regards to the requirement of 2+ parties, what is the “bilateral approach”?
Common law “bilateral approach” = A conspiracy requires at least TWO guilty minds
EFFECT –> if one party in a two party agreement is feigning agreement, the OTHER party cannot be convicted of conspiracy
With regards to the requirement of 2+ parties, what FIVE issues arise under the “bilateral approach”?
- Husband and Wife (at common law, could not conspire together. But this has largely been abandoned)
- Corporation and Agents
- Wharton Rule
- Agreement with Person in Protected Class
- Effect of Acquittal of Some Conspirators
Under bilateral approach, what is rule re: corporation and agents?
- there can be no conspiracy btwn corp and single agent
- there is split of authority if there can agents and corporation can be co-conspiratorys
Under bilateral approach, what is the “Wharton Rule”?
If 2+ people are necessary for the commission of a crime, there is NO conspiracy unless MORE parties participate in the agreement than are necessary for the crime
EXAMPLES –> adultery, dueling
NOTE –> Wharton rule does not apply to agreements with “necessary parties not provided for.” Both parties may be guilty of conspiracy even though both are necessary for the offense
Under bilateral approach, what is the issue re: “Personal Protected Class”?
Nonprotected person cannot be guilty of conspiracy if agreement was with protected person only.
Under bilateral approach, what is the issue re: “Effect of Acquittal of Some Conspirators”?
Under traditional view, the acquittal of ALL persons with whom D is alleged to have conspired PRECLUDES conviction of remaining defendant
NOTE –> in some jdxn following traditional view, conviction is allowed to stand if other is acquitted in a separate trial
EXAM TIP –> Acquittal is key. If only ONE D is charged and tried, that’s OK (others are not apprehended or not prosecuted). However if all others are ACQUITTED, then he had no one to conspire with and CANNOT be convicted
Complex/multi-party situations (p 13)
come back to
- chain relationship
- hub and spoke
What is the mental state required for conspiracy?
Specific intent.
- intent to AGREE and;
- intent to ACHIEVE OBJECTIVE of conspiracy
REMEMBER –> tie in state of mind in bilateral jdxns. Two parties must have the requisite intent
What is the rule re “overt act” ?
At common law –> conspiracy was complete at agreement
Modern Majority Approach –> most states require an “overt act” in furtherance of the conspiracy. However, this is easily met. Mere preparation is usually sufficient.
Why is the point of termination of a conspiracy relevant?
The point at which a conspiracy terminates is relevant bc acts and statements of co-conspirators are admissible against a conspirators ONLY if they were done or made in furtherance of the conspiracy.
When does a conspiracy terminate?
Conspiracy TERMINATES upon COMPLETION OF THE WRONGFUL OBJECTIVE.
Acts of concealment are NOT part of the conspiracy UNLESS agreed to in advance.
NOTE –> gov’ts defeat of conspiracy’s objective does NOT automatically terminate the conspiracy
