CONSPIRACY
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Separate crime
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Two meanings (1) inchoate crime, aims at preparatory conduct (2) accessory liability:
individuals in C liable for actions of others in the group
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Conspiracy is a continual offense - ends when objective is achieved or abandoned
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Policy for conspiracy liability o
(1) Deters conspiracies from forming and people from joining
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Group dynamics strengthen resolve, allow for efficiencies, and increase likelihood of crime
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Groups allow for more crimes and more serious and complex crimes to be committed, liability - included crimes unrelated to original purpose of the group
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Group dynamics decrease probability that individuals will depart from path of criminality o
(2) deters careless behavior within a conspiracy o
(3) if the target crime is difficult to prosecute, get the defendants on conspiracy o
(4) help prosecutors to get co-conspirators to cooperate, give information, and turn on the others, in order to take down the leaders of the conspiracy
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(CONSPIRACY) Actus Reus (not much work)
o
Agreement with someone else to commit a crime
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Can be express or implied o
Sometimes jx require an overt act
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But very minor act suffices (buy materials, set time and place over telephone)
o
How to infer agreement
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Relationship between the parties (Vs. strangers)
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Financial agreement (shared interest)
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Same motive for agreement (vs. different motive)
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Verbal agreement and exchange (vs. lack)
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Circumstances that make it improbable that action would happen without prior agreement
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Ex. Perry: conspiracy to allow sexual abuse
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Court: not enough to infer
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Dissent: Implied agreement bc family relationship, motivated by financial support of the assaulter, told same lie to detective, knew about sex offense status > must have agreed
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(1) government argument: conduct not have happened without agreement
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(2) defense argument: this was parallel conduct that was independent and did not require agreement o
MPC: 5.03(1)

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