CONSPIRACY Flashcards
(35 cards)
Conspiracy
The crime of agreeing to commit a crime
Actus Reus
Agreement
Mens Rea
GI: purpose to agree
SI: purpose to commit the target offense
Attendant Circumstances
Overt Act/LP
What is an overt act?
YOU MUST HAVE OVERT ACT FOR CONSPIRACY
- Proves that it was more than just talk.
- The act doesn’t have to criminal or unlawful
- Can only be committed by 1 member of the conspiracy
- Mere preparation will suffice (purchasing matches, DL address)
- Proves LP/substantial step
CL Rules
Strict bi-lateral agreement
- The agreement must by 2 or more people
- Actual agreement no feigned (ex. can’t ever agree w/undercover cop)
General Rules
- Has to be an agreement BEFORE the target offense; NOT during
- No conspiracy to an UNINTENTIONAL/RECKLESS/NEGLIGENT crime
- If the target offense is not complete or attempted = Still liable for conspiracy
2 types of Conspiracy
The nature of the agreement determines whether there is a single or a multiple conspiracy
1) Wheel aka Hub and Spoke: No in agreement with each other no common purpose (organized crime) 1 kingpin and different spokes
2) Chain Conspiracies: All share a common interest; several crimes are committed under 1 large scheme in which each member knows generally of the other parties’ participation; even they didn’t know they should of (drug distribution)
Proving implied agreement
The nature of the crime (spontaneous or a complex level of choreography)
Pinkerton Liability (CL & MPC)
An accomplice can be guilty of all the other co-conspirators crimes where the crimes were both:
1) in furtherance of the conspiracy AND
2) It is an objectively foreseeable
* outgrows from the conspiracy; ∆doesn’t even have to know*
Limitations on Conspiracy (CL)
Wharton’s Rule: if the target offense includes 2 people than not charged with conspiracy.
- DBAG
- 3rd party brought in – conspiracy
Legislative Exemption: can’t convict someone of conspiracy if they are the person the law intended to protect.
Braverman Rule:
- 1 agreement + multiple conspiracies = 1 conspiracy
- Multiple agreements = multiple conspiracies
- *Exception to Braverman: 1 agreement violates multiple statutes = multiple conspiracies (Rare)
CL Rules
Strict bi-lateral agreement
- The agreement must by 2 or more people
- Actual agreement no feigned (ex. can’t ever agree w/undercover cop)
CL Rules
Strict bi-lateral agreement
- The agreement must by 2 or more people
- Actual agreement no feigned (ex. can’t ever agree w/undercover cop)
General Rules
- Has to be an agreement BEFORE the target offense; NOT during
- No conspiracy to an UNINTENTIONAL/RECKLESS/NEGLIGENT crime
Public Policy:
No merger for conspiracy bc criminal combinations are deemed dangerous apart from the underlying crime itself.
2 types of Conspiracy
The nature of the agreement determines whether there is a single or a multiple conspiracy
1) Wheel aka Hub and Spoke: No in agreement with each other no common purpose (organized crime) 1 kingpin and different spokes
2) Chain Conspiracies: All share a common interest; several crimes are committed under 1 large scheme in which each member knows generally of the other parties’ participation; even they didn’t know they should of (drug distribution)
Proving implied agreement
The nature of the crime (spontaneous or a complex level of choreography)
Proving implied agreement
The nature of the crime (spontaneous or a complex level of choreography)
Defenses
CL - Withdrawl:
-Complete and voluntary
Communicate to all con-conspirators or
-Effectively intervene the commission of the crime
-Severs Pinkerton liability (only future crimes; still guilty of past crimes)
MPC - Renunciation:
- Must be complete and voluntary
- Must communicate to all parties (severs pinkerton)
- Must be before the target offense occurs
- If D intervenes and foils he erases all guilt for conspiracy and future crimes.
Pinkerton Liability
An accomplice can be guilty of all the other co-conspirators crimes where the crimes were both:
1) in furtherance of the conspiracy AND
2) It is an objectively foreseeable
* outgrows from the conspiracy; ∆doesn’t even have to know*
Pinkerton Liability
An accomplice can be guilty of all the other co-conspirators crimes where the crimes were both:
1) in furtherance of the conspiracy AND
2) It is an objectively foreseeable
* outgrows from the conspiracy; ∆doesn’t even have to know*
Limitations on Conspiracy
Wharton’s Rule: if the target offense includes 2 people than not charged with conspiracy.
- DBAG
- 3rd party brought in – conspiracy
Legislative Exemption: can’t convict someone of conspiracy if they are the person the law intended to protect.
Braverman Rule:
- 1 agreement + multiple conspiracies = 1 conspiracy
- Multiple agreements = multiple conspiracies
- *Exception to Braverman: 1 agreement violates multiple statutes = multiple conspiracies (Rare)
Limitations on Conspiracy
Wharton’s Rule: if the target offense includes 2 people than not charged with conspiracy.
- DBAG
- 3rd party brought in – conspiracy
Legislative Exemption: can’t convict someone of conspiracy if they are the person the law intended to protect.
Braverman Rule:
- 1 agreement + multiple conspiracies = 1 conspiracy
- Multiple agreements = multiple conspiracies
- *Exception to Braverman: 1 agreement violates multiple statutes = multiple conspiracies (Rare)
CL Rules
Strict bi-lateral agreement
- The agreement must by 2 or more people
- Actual agreement no feigned (ex. can’t ever agree w/undercover cop)
