Conspiracy
1. Specific intent crime
2. Elements
a. Agreement between 2 or more parties
b. Intent to agree
c. Intent to pursue an UNLAWFUL objective (be careful, they have tried to trick on this point)
d. Overt act (majority rule) – an act in furtherance of the conspiracy
i. Examiners will state if they want you to use the common law/minority rule which does not require an overt act
3. NO merger rule
4. Liability of co-conspirators
a. All crimes committed in furtherance of the conspiracy,
b. Crimes that were foreseeable
5. The agreement does not have to be express – people who don’t know each other can be in a conspiracy together
6. Defenses
a. Impossibility – NOT a defense
b. Withdrawal – will not discharge from charge of conspiracy or prior crimes, but will discharge from subsequent crimes, if:
i. Affirmative act which notifies all members
ii. Done in time for the others to cease commission
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