This lesson introduces criminal conspiracy as an agreement to pursue criminal conduct. It explains why the agreement can itself be an offence, how conspiracy differs from an attempt, and what continuing liability can mean.
A conspiracy is generally an agreement between two or more people to commit a crime in the future. The central idea is coordinated action toward a criminal purpose. The number of participants is not limited to two, and conspirators do not necessarily need to know every other member of the group.
All flashcards
What is criminal conspiracy?
Generally, an agreement between two or more people to pursue criminal conduct. The precise legal elements vary by jurisdiction and offence.
What does overt act mean?
An observable step taken in furtherance of a conspiracy. Some laws require such an act; others do not for particular offences.
What is the main distinction between conspiracy and attempt?
Conspiracy centers on an agreement to pursue criminal conduct. Attempt centers on conduct sufficiently close to completing the intended offence.
Why can conspiracy be called a continuing offence?
The agreement and participation may persist over time, allowing a person to join an existing plot later and potentially incur liability under the applicable rules.
Does repentance necessarily end conspiracy liability?
No. Repentance generally does not erase liability after the offence is complete, though it may affect sentence. Some laws recognize limited withdrawal rules.
Quiz questions
What was the principal effect of the Criminal Law Act 1977 on conspiracy law in England and Wales?Answer: It replaced most common-law forms with a statutory offence.
Under the mens rea formulation in R v Anderson, what must an accused intend?Answer: To participate in furthering a course of conduct known to involve an offence.
When may a co-conspirator's statement or act be admitted against another alleged conspirator under the principle described in R v Hayter?Answer: When it furthers the common design and independent evidence supports the conspiracy and the accused's participation.
What does the term unindicted co-conspirator mean in U.S. practice?Answer: A person alleged to have participated in a conspiracy but not charged in that indictment.