Conspiracy

Question 1

Conspiracy Elements CL

Answer 1

1. Formation of an express or implied unlawful agreement to commit a crime
2. Intent to conspire with others
3. Intent to accomplish the illegal objective

NOTE: Many jurisdictions require an overt act, but typically only require minimal actions, much less required than an attempt.
a. Typically, only one member of the
conspiracy needs to commit the overt act

Question 2

Conspiracy rules

Answer 2

1. One cannot conspire to commit an unintentional act. (People v. Swain)
2. Intent to conspire to commit the target offense can be inferred from knowledge of the crime plus
   a. Defendant’s stake in the venture (Profit directly tied to illegal activity)
   b. Dangerous instrumentality (No legitimate use for the materials provided)
   c. Bulk of business from illegal enterprise (Special Interest in the activity)
   d. Dangerousness of the Crime (People v. Lauria)
   e. You need some form of intent to form an agreement, either actually or inferentially by the circumstances to be charged with conspiracy.(Commonwealth v. Cook) (Commonwealth v. Azim)
   Some inferences include
   a. Association with the alleged conspirators
   b. Knowledge of the commission of the
   crime
   c. Presence at the scene of the crime
   d. Participation in the object of the
   conspiracy

Question 3

Pinkerton Liability

Answer 3

1. Under the common law, a conspirator is liable for the foreseeable crimes committed by a co-conspirator that are committed in furtherance of the conspiracy
2. So long as the agreement continues the act of one conspirator in furtherance of the conspiracy is the act of all, without any new agreement sufficiently directed to the act. (Pinkerton v. US)

Question 4

Conspiracy Defense

Answer 4

Withdrawal
1. A defendant has withdrawn from the conspiracy if they have exited before an overt act has been completed. (People v. Sconce)
Renunciation / withdrawal
a. Defendant must communicate to each co-conspirator his withdrawal
b. and inform law enforcement of the conspiracy and his involvement

Question 5

Unilateral vs Bilateral Conspiracy

Answer 5

If one person is only feigning the agreement
1. MPC still holds them liable “a person agrees”
2. Common law does not “two or more people agree…”

Question 6

Wharton’s rule

Answer 6

If you need two people to commit a crime, an agreement to commit the crime is not a conspiracy.
Example: Buyer/seller of illegal substance

Question 7

MPC 5.03 Conspiracy

Answer 7

1. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:
   a. agrees … one or more of them will engage in conduct that constitutes such a crime or attempt or solicitation …
   b. agrees to aid … in the planning or commission…
2. Scope
3. Multiple criminal objectives = 1 conspiracy (continuous conspiratorial relationship)
4. Overt act
5. Renunciation (can’t in CL)
   The Defendant must communicate to each co-conspirator his withdrawal
   Inform law enforcement of the conspiracy and his involvement
6. Duration