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Criminal FYLSE > Page 7 > Flashcards

Page 7 Flashcards

0
Q

How is it explained that conspiracy is always premeditated and deliberated first-degree murder?

A

Intent doesn’t arise all of a sudden within just one person, but is formed and shared by at least two people

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1
Q

All conspiracy to commit murder is what?

A

Pre-meditated and deliberated first-degree murder

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2
Q

Does the seller of innocent goods become a conspirator if he has knowledge that the buyer will use them to commit a crime?

A

Not unless he promotes the venture, makes it his own, or has a stake in its outcome

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3
Q

Is selling sugar to an alcohol distiller conspiracy?

A

No

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4
Q

Is selling tons of morphine to a doctor conspiracy?

A

Probably, because you promoted the venture

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5
Q

If you are selling commodities that are sold on the free-market, is that conspiracy?

A

Not Usually

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6
Q

If you sell restricted commodities that are incapable of legal use, is that conspiracy?

A

Probably

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7
Q

What are the things to consider if you’re deciding whether or not a conspiracy has occurred?

A
  • whether the commodity can be sold on the free-market
  • the quantity of the sale
  • the relationship between the buyer and seller
  • the seller’s initiative and encouragement
  • the nature of the goods
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8
Q

How can intent be inferred in a seller/buyer situation when conspiracy is at issue?

A
  • if the seller inflates the price
  • the items have no legitimate use
  • if the sale has become the dominant part of the seller’s business
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9
Q

How does the seriousness of the crime relate to conspiracy?

A

The more serious the crime, the more likely the seller is a conspirator

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10
Q

What is the corrupt motive doctrine?

A

It is implied that the agreement was entered into with an evil purpose

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11
Q

If you can prove you acted in good faith because of something like not knowing about the statute, how does that affect liability?

A

Might not be liable

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12
Q

What is the Pinkerton rule?

A

Co-conspirators are guilty of the crimes that are reasonably foreseeable consequences of the commission of the crime

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13
Q

Essentially the Pinkerton rule means what?

A

Defendant is accountable for crimes directly committed by someone else

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14
Q

What case is the Pinkerton rule based on?

A

One where the defendant was found guilty of conspiracy even though he was already in jail

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15
Q

What does the MPC say about the Pinkerton rule?

A

Rejects it

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16
Q

Can a single conspirator be convicted if the other is dead, missing, unavailable for trial, or immune from prosecution?

A

Yes, but if the other is acquitted, he can’t be tried for conspiracy with the acquitted defendant

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17
Q

What is plurality of intent?

A

Must be a combination of two or more people involved in a conspiracy

18
Q

When does the statute of limitations begin to run for conspiracy?

A

When the conspiracy is terminated

19
Q

How long does a conspiracy continue?

A

Until it is either abandoned or succeeds

20
Q

If an abandonment is not voluntary, will it be accepted as a defense?

A

No

21
Q

Example of an abandonment not being voluntary?

A

If a cop arrives

22
Q

If some of the conspirators are arrested, does that terminate the conspiracy?

A

No

23
Q

What happens to your liability once you withdraw from a conspiracy?

A

You’re no longer vicariously liable for anything your co-conspirators do after that point

24
Q

How does MPC renunciation of conspiracy work?

A

It is an affirmative defense when defendant advises the others of his abandonment, or informs law-enforcement of the existence of the conspiracy and his participation in it

25
Q

In order for MPC renunciation to be effective, the defendant must have thwarted what?

A

Success of the conspiracy by showing a complete and voluntary renunciation (prevented the commission of the offense)

26
Q

What is the common law view on renunciation of conspiracy?

A

The crime is complete with the agreement, so no action can exonerate defendant of the crime

27
Q

Even though common law doesn’t allow renunciation of conspiracy, if the defendant withdraws, how does that help him?

A

Can prevent the admission of evidence for things that happen after his withdrawal

28
Q

Under the common-law the defendant must renounce the conspiracy by doing what, if he wants future things to not count against him?

A

He must voluntarily give up the conspiracy, and communicate it to all co-conspirators in time for them to change their plans

29
Q

Is impossibility a defense to conspiracy?

A

No (can be liable for conspiracy to perform an abortion even if the woman wasn’t pregnant)

30
Q

What is the Wharton Rule?

A

Conspiracy requires the participation of more people than are needed to commit the crime

31
Q

When does the Wharton Rule not apply?

A

If the number of conspirators doesn’t exceed the essential participants in the crime

32
Q

If two people agree to commit adultery, can that be a conspiracy?

A

Not under the Wharton rule

33
Q

What are some crimes that it takes two people to commit, so the Wharton rule would apply to?

A

Adultery, gambling, bribery, sale of contraband, dueling

34
Q

What does the MPC say about the Wharton Rule?

A

Rejects this rule because any inchoate agreement to commit a crime should be punished as a conspiracy

35
Q

Are mergers present for conspiracy under the common-law?

A

No, you can be convicted of both the conspiracy and the offense

36
Q

Are mergers present for conspiracy under the MPC?

A

Yes, so defendant can not be guilty of conspiracy and the underlying crime (can only be one or the other)

37
Q

What are the elements of conspiracy?

A

A. Agreement to work together
B. Intent to achieve unlawful purpose
C. Overt act in furtherance of agreement

38
Q

How can you prove that conspirators have agreed to work together?

A

Can use circumstantial evidence and gestures like a nod, wink, handshake

39
Q

If one party to a conspiracy didn’t intend to agree, how do the courts deal with this?

A
  • CL (plurality of agreement): there must be at least two guilty parties
  • MPC (unilateral approach): requires only agreement by the defendant, not between two or more people
40
Q

If everyone besides the defendant is acquitted of a conspiracy, how will the common-law find the defendant?

A

Not guilty

41
Q

If one defendant is not guilty of conspiracy because of something like diplomatic immunity, how does the common-law find the other defendant?

A

The other one is still guilty

42
Q

When a person joins a conspiracy, what is assumed about his intent?

A

He is thought to have the same intent as the others, but it should be considered separately for each individual

Criminal FYLSE (52 decks)

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