Conspiracy

Conspiracy Elements:

• 1. Agreement
• 2. Between at least 2 people (MPC: "agree" permits conviction even if both sides don't agree, like an undercover police officer)
• 3. With purpose to enter into the agreement
• 4. Overt act in furtherance of that agreement
• WELL BEFORE preparation, only very MINOR act required
• 5. Purpose to promote unlawful act of conspiracy
• SOME: Knowledge that the act is unlawful

• Meeting of the minds that can be proven at least circumstantially--not the contractual level of agreement necessary.
• Limited evidence required, limited hearsay exception, get punishment of underlying crime (in some states at least).

Pinkerton doctrine: everyone is guilty of every crime by conspirators (also hearsay exemption!)

Wharton Rule:

• Where underlying offense REQUIRES conspiracy (bribery, for example), cannot also charge conspiracy.

People v. Lauria

• Prostitutes used answering service
• Did he know what he was aiding? Yes. "Intentional" aiding (purposeful/knowing) in traditional terms.

Can sometimes get conspirators for accessory (aiding and abetting, essentially)

• Depends on state: sometimes need "purposeful"

Should KNOWING be enough for conspiracy, or should we require PURPOSEFUL? (I.e., selling gun knowing it is intended to be used to kill someone.)

Overt Act:
Yates v. United States

• Communists who allegedly plan to overthrow gov’t
• Public meetings enough for overt act req’ment? YES.
• Obviously can be a very political crime...

Chain Conspiracies:
United States v. Bruno

• Tried to say not one conspiracy, but rather 3 (drug smugglers, middlemen, two groups of retailers).
• Court says knew there would be further sales, community interest in what happened and all knew what needed to happen to succeed in larger enterprise.
• Success of one part dependent on success of whole.
• Could conceivably extend this to buyers of drugs, too, although that hasn’t typically been done.

Wheel Conspiracies:
Kotteakos v. United States

• Matters whether all separate loans could be considered one wheel conspiracy

Hypo: living in prison and not doing anything there, can still be liable for conspiracy

• Didn’t withdraw from conspiracy
• I.e., didn’t tell everyone in the conspiracy!

Renunciation:
People v. Sisselman

• Argues that since Patterson an undercover cop, Sisselman couldn’t be the "sole and motivating" factor in preventing the crime.