Page 7 Flashcards
How is it explained that conspiracy is always premeditated and deliberated first-degree murder?
Intent doesn’t arise all of a sudden within just one person, but is formed and shared by at least two people
All conspiracy to commit murder is what?
Pre-meditated and deliberated first-degree murder
Does the seller of innocent goods become a conspirator if he has knowledge that the buyer will use them to commit a crime?
Not unless he promotes the venture, makes it his own, or has a stake in its outcome
Is selling sugar to an alcohol distiller conspiracy?
No
Is selling tons of morphine to a doctor conspiracy?
Probably, because you promoted the venture
If you are selling commodities that are sold on the free-market, is that conspiracy?
Not Usually
If you sell restricted commodities that are incapable of legal use, is that conspiracy?
Probably
What are the things to consider if you’re deciding whether or not a conspiracy has occurred?
- whether the commodity can be sold on the free-market
- the quantity of the sale
- the relationship between the buyer and seller
- the seller’s initiative and encouragement
- the nature of the goods
How can intent be inferred in a seller/buyer situation when conspiracy is at issue?
- if the seller inflates the price
- the items have no legitimate use
- if the sale has become the dominant part of the seller’s business
How does the seriousness of the crime relate to conspiracy?
The more serious the crime, the more likely the seller is a conspirator
What is the corrupt motive doctrine?
It is implied that the agreement was entered into with an evil purpose
If you can prove you acted in good faith because of something like not knowing about the statute, how does that affect liability?
Might not be liable
What is the Pinkerton rule?
Co-conspirators are guilty of the crimes that are reasonably foreseeable consequences of the commission of the crime
Essentially the Pinkerton rule means what?
Defendant is accountable for crimes directly committed by someone else
What case is the Pinkerton rule based on?
One where the defendant was found guilty of conspiracy even though he was already in jail
What does the MPC say about the Pinkerton rule?
Rejects it
Can a single conspirator be convicted if the other is dead, missing, unavailable for trial, or immune from prosecution?
Yes, but if the other is acquitted, he can’t be tried for conspiracy with the acquitted defendant
What is plurality of intent?
Must be a combination of two or more people involved in a conspiracy
When does the statute of limitations begin to run for conspiracy?
When the conspiracy is terminated
How long does a conspiracy continue?
Until it is either abandoned or succeeds
If an abandonment is not voluntary, will it be accepted as a defense?
No
Example of an abandonment not being voluntary?
If a cop arrives
If some of the conspirators are arrested, does that terminate the conspiracy?
No
What happens to your liability once you withdraw from a conspiracy?
You’re no longer vicariously liable for anything your co-conspirators do after that point
How does MPC renunciation of conspiracy work?
It is an affirmative defense when defendant advises the others of his abandonment, or informs law-enforcement of the existence of the conspiracy and his participation in it
In order for MPC renunciation to be effective, the defendant must have thwarted what?
Success of the conspiracy by showing a complete and voluntary renunciation (prevented the commission of the offense)
What is the common law view on renunciation of conspiracy?
The crime is complete with the agreement, so no action can exonerate defendant of the crime
Even though common law doesn’t allow renunciation of conspiracy, if the defendant withdraws, how does that help him?
Can prevent the admission of evidence for things that happen after his withdrawal
Under the common-law the defendant must renounce the conspiracy by doing what, if he wants future things to not count against him?
He must voluntarily give up the conspiracy, and communicate it to all co-conspirators in time for them to change their plans
Is impossibility a defense to conspiracy?
No (can be liable for conspiracy to perform an abortion even if the woman wasn’t pregnant)
What is the Wharton Rule?
Conspiracy requires the participation of more people than are needed to commit the crime
When does the Wharton Rule not apply?
If the number of conspirators doesn’t exceed the essential participants in the crime
If two people agree to commit adultery, can that be a conspiracy?
Not under the Wharton rule
What are some crimes that it takes two people to commit, so the Wharton rule would apply to?
Adultery, gambling, bribery, sale of contraband, dueling
What does the MPC say about the Wharton Rule?
Rejects this rule because any inchoate agreement to commit a crime should be punished as a conspiracy
Are mergers present for conspiracy under the common-law?
No, you can be convicted of both the conspiracy and the offense
Are mergers present for conspiracy under the MPC?
Yes, so defendant can not be guilty of conspiracy and the underlying crime (can only be one or the other)
What are the elements of conspiracy?
A. Agreement to work together
B. Intent to achieve unlawful purpose
C. Overt act in furtherance of agreement
How can you prove that conspirators have agreed to work together?
Can use circumstantial evidence and gestures like a nod, wink, handshake
If one party to a conspiracy didn’t intend to agree, how do the courts deal with this?
- CL (plurality of agreement): there must be at least two guilty parties
- MPC (unilateral approach): requires only agreement by the defendant, not between two or more people
If everyone besides the defendant is acquitted of a conspiracy, how will the common-law find the defendant?
Not guilty
If one defendant is not guilty of conspiracy because of something like diplomatic immunity, how does the common-law find the other defendant?
The other one is still guilty
When a person joins a conspiracy, what is assumed about his intent?
He is thought to have the same intent as the others, but it should be considered separately for each individual
