Conspiracy Flashcards
(13 cards)
Conspiracy Generally
inchoate offense
An agreement, express or implied, between two or more persons to commit a criminal act or series of criminal acts, or to accomplish a legal act by unlawful means
Actus Reus Conspiracy Generally
The conspiratorial agreement (usually established inferentially or circumstantially
Many Jurisdictions also require an overt act done by one of the conspirators to separate it from mere talk (can be trivial or preparatory)
Mens Rea Conspiracy Generally
Intent to agree with another person to commit the target act
Intent to commit the target act itself
Bilateral Conspiracy
Used by the common law and federal system. Texas Does too.
Two or more persons must be in actual agreement to commit a criminal act for a conspiracy to be formed
Unilateral Conspiracy
MPC uses this
Only a single individual who believes that he is agreeing with another person to commit a criminal act is required for a conspiracy to be formed
MPC 5.03 Conspiracy
A person is guilty if with the purpose of promoting or facilitating its commission he
a. agrees with the other person that they will engage in criminal conduct or an attempt to such conduct OR
b. Agrees to aid such other person in the planning or commission of such crime or an attempt.
MPC also requires an overt act
TPC 15.02 Criminal Conspiracy
applies only to conspiracies to commit felonies.
A person commits criminal conspiracy if with intent that a felony be committed
1. he agrees with one or more persons that they will engage in conduct that would constitute the offense AND
2. One or more of them performs an OVERT ACT in pursuance of the agreement
Wharton’s Rule
Two people cannot be convicted for conspiracy when they have committed a crime that by definition requires the participation of two people (and only two)
i.e. Receiving a bribe, Bigamy, Adultery, sale of drugs (if merely agreed to, although many jxds allow conviction for that one)
MPC does not recognize
Common Law Renunciation
Some jdxs allow renunciation or withdrawal as a defense if D’s actions are (1) voluntary and complete AND (2) he provides assistance in preventing the crime.
MPC 5.03 Renunciation
Renunciation is an affirmative defense if the actor thwarted the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of his criminal purpose
Not just getting cold feet and withdrawing.
TPC 15.04 Renunciation Defense
Is a complete defense when it is a voluntary and complete renunciation of his criminal objective AND withdrew from the conspiracy before commission of the offense AND took action that prevented the commission of it.
Not voluntary if it is motivated by circumstances not present or apparent at the inception of the actor’s course of conduct that increase the probability of detection or apprehension OR that make more difficult the accomplishment of the objective OR
by a decision to postpone the conduct until another time or transfer the criminal act to another but similar objective or victim
Non-Merger Doctrine
IN a majority of jurisdictions conspiracy does not merge with the completed criminal object of the conspiracy
Pinkerton Doctrine
co-conspirators are held culpable for criminal acts of their co-conspirators undertaken in furtherance and within the scope of the conspiracy
DIFFERS from complicity because complicity makes an accomplice liable for crimes in which they assisted, but here it makes them liable for crimes undertaken to further the conspiracy even if the co-conspirator did not participate at all in any given discrete crime.
