Conspiracy/Inchoate (anticipatory crimes)
People v. Sisselman
- In some states, must be knowledge that agreement/goal is unlawful
- 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.
- "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.
United States v. Horak
- Completely separate crime from conspiracy
- 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.