Solicitation & Conspiracy Flashcards
Generally, _________ is the crime of asking another person to join in a course of criminal conduct, with the intent that the other person commit the crime or participate in its commission.
solicitation
The elements of solicitation are:
1.
2.
- Asking, enticing, counseling, advising, urging, or commanding another person to commit a crime
- With the intent that the person solicited commit the crime.
‘Every person who, with intent that the crime be committed, ______ another to commit or join in the commission of murder is guilty of ___________ of murder.”
Solicits
Solicitation
The act, if successful, must be a criminal offense. (Solicitation) True or False.
True
Solicitation requires the _______ _________ that the person solicited commit the crime. Intent can be inferred from the circumstances of the asking.
Specific intent
The solicitation is completed by the
Solicitation itself
The solicitation is completed by the solicitation itself. It does not require that the crime be completed, that the person solicited agree to commit the crime, or that a subject conviction be fulfilled. True or False
True
Conspiracy requires:
1.
2.
3.
- An agreement between two or more persons;
- An intent to enter into the agreement; and
- An intent by at least two persons to achieve the object of the agreement
The object of the ________ must be criminal, or a lawful object achieved by criminal means.
Conspiracy
At common law, an _______ ______ was not required for a conspiracy conviction.
Overt act
The MPC (majority approach) requires an ______ _____, but unlike attempt, an act of mere preparation is enough.
Over act
The federal drug conspiracy statute follows the ______ ______ approach, the government is not required to prove an overt act in furtherance of the conspiracy.
Common law
The federal drug conspiracy statute follows the common law approach, the government is not required to prove an overt act in furtherance of the conspiracy. The conspiracy can be proved by _____________ evidence and may be implied by the surrounding circumstances or by inference from the actions of the parties.
Circumstantial
Once the government proves the existence of a conspiracy, only slight evidence is needed to link a defendant to the conspiracy. True or False
True
The __________ approach is the modern trend and followed by the MPC. This approach requires that only _______ __________ have genuine criminal intent. Under this approach, a defendant can be convicted of conspiracy if they conspire with _____ _______ _______ and that person is an undercover police officer or confidential informant.
Unilateral
One person
One person only
The __________ approach is the common law rule. This approach requires at least _______ “______ _______”. Put another way, _______ ______ who are actually committed to the illegal plan. If one person in a two-party agreement is only feigning agreement, there is no conspiracy.
Bilateral
Two guilty minds
Two people
Under the ___________ approach, the acquittal of all persons with who a defendant is alleged to have conspired precludes conviction of the remaining defendant.
Bilateral
Under the bilateral approach, the acquittal of all persons with who a defendant is alleged to have conspired precludes conviction of the remaining defendant. It must be an _________. If the coconspirators are never charged, the defendant can still be convicted.
Acquittal
A conspiracy ends upon completion of
The wrongful objective
Acts of concealment are not part of the conspiracy unless agreed to when?
In advance
Does the government’s defeat of a conspiracy’s objectives automatically end the conspiracy?
No
___________ is not a defense to conspiracy because the conspiracy is complete as soon as the agreement is made and (if applicable) an overt act is performed.
Withdrawal
____________ may be a defense to crimes committed in furtherance of the conspiracy.
Withdrawal
__________ and the _________ ________ are distinct offenses and do not merge. A defendant ______ be convicted of both crimes.
Conspiracy and the completed crime
Can
__________ is governed by FRCP 8(B) and _________ by FRCP 14(a).
Jointer
Severance
A motion to _________ should be granted if it appears that the defendant will be prejudiced by a joint trial with other defendants.
Sever
The __________ has the burden of proof and must demonstrate clear and substantial prejudice.
Defendant
There is a presumption against __________ because closely related charges should be tried together.
Severance
A conspiracy charge “provides a common link and demonstrates the existence of a common plan for purposes of __________.
Joinder
Multiple conspiracies can be joined: “ ________________”
So long as they are related as part of a common scheme.
A __________ conspiracy is when the conspirators act separately and successively, but the actions of each coconspirator benefits the overall conspiracy.
Chain
A chain conspiracy is when the conspirators ________ _________ and _________ but the actions of each coconspirator benefits the overall conspiracy.
Act separately and successively
A _______ or ____________ conspiracy is when a central figure (the hub) interacts seperately with peripheral coconspirators (the spokes) in furtherance of the conspiracy.
Wheel
Hub and Spoke
A wheel or hub-and-spoke conspiracy is when a central figure (the hub) interacts _________ with peripheral coconspirators (the spokes) in furtherance of the conspiracy.
Separately
One conspirator need not know the identities of all his coconspirators, nor be aware of all the details of the conspiracy in order to be found to have agreed to participate in it. True or False
True
If you look at any conspiracy close enough, you could likely break it down into various mini-conspiracies. To that end, trial courts are given discretion in deciding if large conspiracies should be tried as one conspiracy or multiple conspiracies. True or False
True
Conspiracy requires ___________ __________.
Specific Intent
The defendant must have __________of the conspiracy and the _____ ________ to agree to commit the unlawful objective of the agreement.
knowledge
specific intent
The___________ does not have to know all of the circumstances of the agreement or all the participants in the conspiracy.
defendant
The __________ must have more than mere knowledge of a criminal plan to establish the needed intent.
Defendant
__________ can be inferred from the defendant;’s knowledge of the agreement and a stake in the outcome.
Intent
In United States v. Pinkerton, SCOTUS held that “the overt act of one member of a conspiracy is _____________ to all other members of the conspiracy.
Attributable
Vicarious liability for the actions of a coconspirator. True or False
True
Pinkerton Liability Attaches when:
1.
2.
3.
- The government proves beyond a reasonable doubt the existence of a conspiracy
- That the substantive offense was committed in furtherance of the conspiracy, and
- That the substantive offense was reasonably foreseeable as a natural outgrowth of the conspiracy
