Article 3-8 Flashcards
(54 cards)
What is conspiracy?
An agreement between two or more persons to commit a felony and a decision to commit it.
Is conspiracy always punishable?
No, only when the law specifically provides a penalty. Generally, conspiracy is a preparatory act and not punishable.
What are some exceptions where conspiracy is a crime in itself?
Treason, rebellion, insurrection, coup d’état, conspiracy to commit terrorism, conspiracy to commit crimes of financing of terrorism, arson, sedition, and monopolies and combinations in restraint of trade.
What does “the act of one is the act of all” mean in conspiracy?
Everyone involved is liable, regardless of their level of participation.
What kind of evidence is needed to prove conspiracy?
Conspiracy need not be proven by direct evidence; circumstantial evidence is sufficient. It must be alleged in the criminal information and proven beyond reasonable doubt.
Does mere companionship imply conspiracy?
No, mere companionship does not prove conspiracy.
Is a conspirator liable for additional crimes committed by co-conspirators?
Not if the conspirator was unaware and could not have known about the additional crime.
What must be shown for an accused to be considered part of a conspiracy?
Each accused must have performed at least one overt act in furtherance of the conspiracy.
What are the two forms of conspiracy?
Direct/express (prior agreement) and implied (spontaneous, coordinated action).
What are the requisites of direct conspiracy?
A prior meeting with a plan and an actual agreement before the crime.
How can someone disassociate from a conspiracy before the crime?
Leave the scene, not show up, or call the authorities. Effect: No criminal liability.
What is the effect of informing authorities after the commission of the crime?
Cannot repudiate or dissociate from the conspiracy.
Are conspirators liable for the natural consequences of their acts?
Yes, conspirators are liable for the agreed crime and all natural, logical, and direct consequences.
What is a wheel conspiracy?
A mastermind (hub) surrounded by conspirators (spokes).
What is a chain conspiracy?
A sequential distribution network, like in drug distribution (smugglers to consumers).
What is an impossible crime?
An act that would have been a crime against persons or property but was not accomplished due to inherent impossibility or ineffectual means, with evil intent.
What are the four elements of an impossible crime?
- Act would have been a crime.
- Act done with evil intent.
- Non-accomplishment due to impossibility or ineffectual means.
- Act not falling under any other RPC provision.
Give some examples of impossible crimes.
- Using powdered milk instead of poison.
- Stabbing a dead person.
- Using Japanese mayo instead of arsenic.
- Firing a gun with no bullets.
What are the stages of development of a crime?
Internal acts, external preparatory acts, and acts of execution.
Are preparatory acts generally punishable?
No, unless specifically made a crime (e.g., possession of picklocks).
What are the three stages of a felony?
Attempted, frustrated, and consummated.
What is an attempted felony?
Offender commences commission directly by overt acts but does not perform all acts of execution due to a cause or accident other than their own spontaneous desistance
What is the effect of spontaneous desistance in the attempted stage?
It is absolutory and negates intent to kill.
What is a frustrated felony?
Offender performs all acts of execution but the felony is not produced due to causes independent of the perpetrator’s will.
