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Question 0

What does the element “agreement to work together” in conspiracy mean?

Answer 0

Two parties make an agreement to commit a crime

Question 1

What are the elements of conspiracy?

Answer 1

– Agreement to work together
– Intent to achieve unlawful purpose
– Overt act in furtherance of the agreement

Question 2

Why are conspiracies so hard to prove?

Answer 2

Because they are done in secret

Question 3

How can statements made by one conspirator be used against another?

Answer 3

vicarious admission: statements of one conspirator made during the course of the conspiracy can be used against the other

Question 4

How long does a conspiracy remain in effect?

Answer 4

Until it is abandoned or achieved

Question 5

What are some different ways that an agreement can be shown for conspiracy?

Answer 5

Gestures like a nod, wink, handshake.

Question 6

When direct evidence isn’t available for conspiracy what kind of evidence is heavily relied on?

Answer 6

Circumstantial

Question 7

What happens when one party never intended to agree to a conspiracy?

Answer 7

CL: plurality of agreement

MPC and modern: unilateral approach

Question 8

What is the CL plurality of agreement approach in conspiracy?

Answer 8

Must be at least two guilty parties, so acquittal of all others precludes the defendant’s conviction

Question 9

What is the MPC unilateral approach to conspiracy?

Answer 9

Requires only agreement by the defendant. One conspirator’s liability does not affect the other’s

Question 10

How does conspiracy between spouses work?

Answer 10

CL: they are considered one party
Modern: spouses can be convicted

Question 11

How does Conspiracy work when a corporation is involved?

Answer 11

Corporations can be co-conspirators as long as there are two distinct participants. If there’s only one human actor involved - that is a lack of mutual encouragement so there is no conspiracy

Question 12

What does the element “intent to achieve unlawful purpose” mean?

Answer 12

Specific intent to have the illegal goal succeed

Question 13

At common law if it can be shown that the defendant had knowledge that a crime would happen, and a stake in the activity, is that enough to prove intent for conspiracy?

Answer 13

Yes

Question 14

What does a stake in criminal activity mean?

Answer 14

Benefit to the defendant

Question 15

If you rent a hotel room to a prostitute knowing what she will do, is that a conspiracy to commit prostitution?

Answer 15

Not unless you have knowledge plus a stake in the venture

Question 16

What is required to establish intent to achieve an unlawful purpose for conspiracy at common-law?

Answer 16

Intent to enter the agreement, and intent to have the unlawful act take place

Question 17

What is the common law bilateral rule?

Answer 17

There must be two guilty minds, so if one person can’t be prosecuted, there is no conspiracy. Ie: undercover agent

Question 18

If one party to a conspiracy has diplomatic immunity, can there still be a conspiracy?

Answer 18

Yes

Question 19

How can corporations be members of conspiracies?

Answer 19

As long as two human beings are involved

Question 20

What is the MPC’s version of the intent element of conspiracy?

Answer 20

Must have a purpose to promote or facilitate the crime

Question 21

How can you infer a conspirator’s purpose so they can be guilty for conspiracy?

Answer 21

– Had a stake in the venture
– Provided goods/services with no legitimate purpose
– A disproportionate amount of their business went to the endeavor

Question 22

What does an overt act in furtherance of the agreement for conspiracy mean?

Answer 22

At least one of the parties must commit an overt act toward the commission of the crime

Question 23

Is the overt act requirement for conspiracy always necessary?

Answer 23

It is now the majority rule, and the MPC Rule… But sometimes it’s not necessary

Question 24

What is an overt act?

Answer 24

Any legal or illegal act done by any of the conspirators to set the conspiracy in motion

Question 25

Examples of an overt act:

Answer 25

– Unexplained possession of a lot of dynamite
– Interview with a lawyer
– Calling a bank

Question 26

Common law requires that the object of the conspiracy be what?

Answer 26

Criminal offense

Question 27

Does the overt act for conspiracy need to be criminal?

Answer 27

No, it can be as simple as buying a newspaper

Question 28

What is the MPC caveat for the overt act requirement of conspiracy?

Answer 28

Conspiracies to commit felonies of the 1st/2nd degree are exempt from the overt act requirement

Question 29

Should a bar answer ever depend on the presence or absence of an overt act for conspiracy?

Answer 29

No because there’s so much variation between the laws

Question 30

How does vicarious liability apply to conspiracy?

Answer 30

Any crime committed that is both in furtherance of the conspiracy, and a reasonably foreseeable result of it makes all conspirators liable

Question 31

How do you know if crimes by the conspirators are within the scope of the conspiracy?

Answer 31

They are foreseeable crimes done in furtherance of the conspiracy goal

Question 32

If a crime is clearly outside the agreement between the conspirators, even if it was foreseeable, does that result in vicarious liability?

Answer 32

No

Question 33

How are co-conspirators liable for subsequent crimes in conspiracy?

Answer 33

If the crime is likely to occur and foreseeable as a direct and natural result of the first crime through an unbroken chain of causation

Question 34

If you kidnap someone and lock her in the basement when you know your roommate is a rapist, and when you go out he rapes her, what is your liability for the rape?

Answer 34

Vicariously liable on accomplice theory because she wouldn’t have been raped but for your kidnapping and leaving her somewhere it was likely to happen. Crime was foreseeable and the direct and natural result of what you did

Question 35

What is the Braverman rule?

Answer 35

A single conspiracy can have multiple objectives