conspiracy

Question 1

conspiracy

Answer 1

AGREEMENT between two or more people to commit an unlawful act

Question 2

mens rea: common law

Answer 2

1. intent to agree

2. intent to commit target offense

Question 3

MCP mens rea

Answer 3

acts with the PURPOSE to promote or facilitate the comission of the substatnive crime

Question 4

CL actus reus

Answer 4

forming/ making agreement

- no abandonment

Question 5

mpc actus reus

Answer 5

agreement + OVERT ACT in furtherance of the conspiracy
- overt act needs to be a manifestation of the agreement but need not be substantial (doesnt need to go beyound mere preparation)

Question 6

merger ?

Answer 6

CL-NO

Mpc: yes- merges with underlying offense

Question 7

Pinkerton rule

Answer 7

once a conspiracy is formed, each person is responsible for the actions of others in the conspiracy as long as those actions were in furtherance of the conspiracy

CL doctrine

Question 8

plurality - common law

Answer 8

bilateral requirement- you cannot conpsire with yourself

need two parties

Question 9

plurality- mpc

Answer 9

unilateral approach- conspiracy is defined in terms of a single party
- focus on culpability of the individual reather than that of the group

Question 10

abandonment?

Answer 10

Mpc only- renunciation
- complete and voluntary
thwart its success
COMMUNICATE INTENT TO WITHDRAW