Conspiracy

Definition

Conspiracy is an agreement between two or more individuals to commit an unlawful act or to achieve a lawful objective through illegal means. It involves a combination of intent and planning, where parties collaborate to carry out a crime or support criminal behavior. This term connects deeply with the concepts of attempt and solicitation, as both can play roles in the formation and execution of conspiracies, highlighting the progression from planning to action in criminal law.

5 Must Know Facts For Your Next Test

1. Conspiracy does not require the actual commission of a crime; mere agreement and preparation for an unlawful act can be enough for prosecution.
2. All parties involved in a conspiracy can be held liable for actions taken by any one member of the group if those actions were in furtherance of the conspiracy.
3. In many jurisdictions, there are specific penalties for conspiracy that can be equal to or even greater than those for the underlying crime itself.
4. A conspiracy may involve multiple levels of participants, from planners to executors, and can encompass both felonies and misdemeanors.
5. Some jurisdictions recognize 'wharton’s rule,' which states that if a crime requires two persons for its commission, there can be no conspiracy charge unless additional participants are involved.

Review Questions

• How does conspiracy differ from attempt and solicitation in terms of the requirements for liability?
  • Conspiracy differs from attempt and solicitation primarily in its requirements for liability. While attempt requires an individual to take substantial steps toward committing a crime and solicitation involves urging another person to commit a crime, conspiracy focuses on the agreement between two or more people to commit an unlawful act. This agreement is enough for liability, even if no further action is taken toward completing the crime. Each term emphasizes different aspects of criminal intent and collaboration.
• Discuss how an overt act contributes to proving the existence of a conspiracy and its implications for all conspirators involved.
  • An overt act is essential in demonstrating that a conspiracy is not merely theoretical but has moved into action. This act can be any step taken by one or more conspirators that shows they are working toward their shared goal. The presence of an overt act allows prosecutors to establish that the agreement has materialized into planning or execution. Importantly, all conspirators can be held accountable for this act, which highlights how even minor actions can implicate everyone involved in the conspiracy.
• Evaluate the legal implications of 'wharton’s rule' on conspiracy charges and its impact on prosecuting collaborative criminal activities.
  • Wharton's rule poses significant legal implications on conspiracy charges by limiting liability when a crime inherently requires collaboration between two people. Under this rule, if a crime cannot be committed without at least two participants, prosecutors must prove involvement from additional individuals beyond just those essential to the crime to establish a conspiracy charge. This impacts how prosecutors approach cases involving tightly-knit criminal activities, often requiring them to investigate further to find extra participants, thereby complicating their efforts in holding all conspirators accountable.

Related terms

Accomplice: An accomplice is someone who assists or participates in the commission of a crime, either before or during the crime, knowing that they are helping to facilitate the criminal act.

Overt Act:

An overt act is an action taken by one of the conspirators that shows the conspiracy is moving forward, which can be used as evidence to prove the existence of a conspiracy.

Mens Rea:

Mens rea refers to the mental state or intent of a person when committing a crime, which is crucial in establishing liability for conspiracy.