25 July 2011

T-Minus 1



Conspiracy - Conspiracy is a specific intent inchoate offense. It does not merge with the related offense. The elements of conspiracy are (1) an agreement among two or more to commit a criminal act; (2) that the agreement be made with the intent to commit the criminal act, and; (3) an overt act in furtherance of the conspiracy. A co-conspirator is liable for all crimes committed by co-conspirators in furtherance of the conspiracy, as well as all other crimes that are reasonably foreseeable. At common law, conspiracy required two guilty minds, meaning, a sting operation couldn't result in a charge of conspiracy. The MPC only requires one criminal mind. One important thing to remember is that the criminal act of conspiracy is the agreement itself - therefore, even if a member withdraws, he will still be liable for conspiracy as well as those crimes committed prior to withdrawal.

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