Conspiracy II

Conspiracy/Inchoate (anticipatory crimes)
  • In some states, must be knowledge that agreement/goal is unlawful
    • California, for example.
  • To get out of a conspiracy, must tell everyone in the conspiracy that you quit, or do something that clearly tells everyone in the conspiracy that.
People v. Sisselman
  • "sole motivating factor"--but this was a police agent! In most states, couldn't have a conspiracy, b/c policy agent COULDN'T agree to commit the crime. MPC allows this, however.
  • Defense should be available despite not the "sole motivating factor"
    • Rule for renunciation is to successfully prevent crime, don't need to be sole reason.
  • WITHDRAWAL: no more Pinkerton liability after that point.
  • RENUNCIATION: no liability since stopped crime.
  • Liable for intended/foreseeable crimes from time of entry on.
  • Completely separate crime from conspiracy
United States v. Horak
  • Underlying crime: obtaining a contract by bribing city officials.
  • Get people for a pattern of crimes that benefit a group (tax fraud twice in two years, for example).
  • Plus civil damages available.
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