Conspiracy crime: Encyclopedia - Conspiracy crime

Conspiracy (crime)

In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, so a natural person identified with the mind of a legal entity cannot conspire with the company alone. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare attempts which require proximity to the full offense). For the purposes of concurrence, the actus reus is a continuing one and parties may join "the plot" later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted and/or cannot be traced. Finally, repentence by one or more parties does not affect liability but may reduce their sentence.

Conspiracy crime - Conspiracy in English law

Conspiracy crime - Common law residue

Under the common law the crime of conspiracy was capable of infinite growth, able to accommodate any new situation and to criminalize it if the level of threat to society was sufficiently great. The courts were therefore acting in the role of the legislature to create new offences and, following the Law Commission Report No. 76 on "Reform of the Common Law", the Criminal Law Act 1977 produced a statutory offence and abolished all the common law varieties of conspiracy, except for:

Although most frauds are crimes, it is irrelevant for these purposes whether the agreement would amount to a crime if carried out. This gives the prosecution a choice whether to charge statutory or common law conspiracy where the agreement would amount to the commission of an offence if carried out. If the victim has suffered any financial or other prejudice, there is no need to establish that the defendant deceived him or her. But, following Scott v Metropolitan Police Commissioner (1974) 3 All ER 1032, it is necessary to prove that the victim was dishonestly deceived by one or more of the parties to the agreement into running an economic risk that he or she would not otherwise have run, if the victim has not suffered any loss. For the mens rea, it is necessary to prove that "the purpose of the conspirators (was) to cause the victim economic loss" (per Lord Diplock in Scott). For the test of dishonesty, see R v Ghosh (1982) 2 All ER 689.

These two offences exist, if at all, only when the agreement would not amount to a substantive crime if carried out by a single person and covers situations where, for example, a publisher encourages immoral behavior through explicit content in a magazine or periodical. But, in R v Rowley (1991) 4 All ER 649, the defendant left notes in public places over a period of three weeks offering money and presents to boys with the intention of luring them for immoral purposes, but there was nothing lewd, obscene or disgusting in the notes. The judge ruled that the jury was entitled to look at the purpose behind the notes in deciding whether they were lewd or disgusting. On appeal against conviction, it was held that an act outraging public decency required a deliberate act which was in itself lewd, obscene or disgusting, so Rowley’s motive in leaving the notes was irrelevant and, since there was nothing in the notes themselves capable of outraging public decency, the conviction was quashed.

Conspiracy crime - Statutory Conspiracy

S1(1) Criminal Law Act 1977 provides:

• S.2 (2) there can be no conspiracy where the only other person(s) to the agreement are:

There must be a real agreement with the parties having agreed all the major details of the "crime" or "crimes" (not including other inchoate offences) to be committed within the territorial jurisdiction of the court, and the parties must "intend" or "know" the facts which make the conduct criminal even where the full offence is strict. Thus, the mens rea of conspiracy is a completely separate issue from the mens rea required of the substantive crime: Attorney General ex parte Rockall (1999) Crim LR 972 where the issue of corruption in public office was complicated by the presence of the presumption of corruption in s2 Prevention of Corruption Act 1916 unless the contrary is proved in respect of payments to persons in public employment (a provision that probably breaches the human rights requirement as to a presumption of innocence).

Conspiracy crime - Conspiracy in the United States

Conspiracy has been defined in America as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions. For example, planning to rob a bank (an illegal act) in order to raise money for charity (a legal end) remains a criminal conspiracy because the parties agreed to use illegal means to accomplish the end goal. The commonly used phrase: "The ends don't justify the means" reflects the same legal reasoning. Society demands its members to accomplish honorable goals by honorable means.

A conspiracy does not need to have been planned in secret in order to meet the definition of the crime. Of course, there is a high premium on conspirators making their plans in secret, otherwise their illegal agreement could be prohibited by court injunction or the members of the conspiracy could be sued for damages suffered by those injured by their illegal agreement. Finally, if the planning for the illegal agreement is uncovered, the conspirators could be prosecuted.

One legal dictionary, law.Com, provides this useful example on the application of conspiracy law to an everyday sales transaction tainted by corruption. It shows how the law can handle both the criminal and the civil need for justice.

[A] scheme by a group of salesmen to sell used automobiles as new, could be prosecuted as a crime of fraud and conspiracy, and also allow a purchaser of an auto to sue for damages [in civil court] for the fraud and conspiracy.

Finally, and on a more technical legal matter, conspiracy law usually does not require proof of the specific intent by the defendants to injure any specic person in order to establish an illegal agreement. Instead, usually the law only requires the conspirators have the agreed to engage in a certain illegal act. This is sometimes described as a "general intent" to violate the law.

In United States v. Shabani 513 U.S. 10 (1994) the United States Supreme Court ruled: U.S. Congress intended to adopt the common law definition of conspiracy, which does not make the doing of any act other than the act of conspiring a condition of liability" at least in so far as to establish a violation of a narcotics conspiracy under 21 U.S.C. § 846. Therefore, the Government need not prove the commission of any overt acts in furtherance of those narcotics conspiracies prohibited by 21 U.S.C. § 846. The Shabani case illustrates that it is a matter of legislative perogative whether to require an overt step, or not to require an overt step in any conspiracy statute. The court compares the the need to prove an overt step to be criminally liable under the conspiracy provision of the Organized Crime Control Act of 1970, while there is no such requirement under 21 U.S.C. § 846.

The Supreme Court pointed out that common law did not require proof of an overt step, and the need to prove it for a federal conspiracy conviction requires Congress to specifically require proof of an overt step to accomplish the conspiracy. It is a legislative choice on a statute by statute basis.

California criminal law is somewhat representative of other juridictions. A punishable conspiracy exists when at least two people form an agreement to commit a crime, and at least one of them does some act in furtherance to committing the crime. Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself. [1]

One example of this is The Han Twins Murder Conspiracy case, where one twin sister attempted to hire two youths to have her twin sister killed.

One important feature of a conspiracy charge is that it relieves prosecutors of the need to prove the particular roles of conspirators. If two persons plot to kill another (and this can be proven), and the victim is indeed killed as a result of the actions of either conspirator, it is not necessary to prove with specificity which of the conspirators actually pulled the trigger. (Otherwise, both conspirators could conceivably handle the gun--leaving two sets of fingerprints--and then demand acquittals for both, based on the fact that the prosecutor would be unable to prove beyond a reasonable doubt, which of the two conspirators was the triggerman). In order to achieve a conviction on charges of conspiracy, is sufficient to prove that a) the conspirators did indeed conspire to commit the crime, and b) the crime was committed by an individual involved in the conspiracy. Proof of which individual it was is usually not necessary.

It is also an option for prosecutors, when bringing conspiracy charges, to decline to indict all members of the conspiracy (though their existence may be mentioned in an indictment). Such unindicted co-conspirators are commonly found when the identities or whereabouts of members of a conspiracy are unknown; or when the prosecution is only concerned with a particular individual among the conspirators. This is common when the target of the indictment is an elected official or an organized crime leader; and the co-conspirators are persons of little or no public importance. More famously, President Richard Nixon was named as an unindicted co-conspirator by the Watergate special prosecutor, in an event leading up to his eventual resignation.

Adapted from the Wikipedia article "Conspiracy crime", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki