Making An Agreement To Commit A Crime

It is important to remember that it takes two people to reach an agreement. If a party does not intend to enter into an agreement, the second party cannot be convicted of conspiracy. For example, conspiracy is a crime of intent. Specific crimes of intent require the accused to act with a particular objective in the eye. In the event of a conspiracy, the accused must agree on a plan to commit an act and reach the unlawful target of the conspiracy. [15] If any of these intentions are absent, the accused cannot be charged with conspiracy. Moreover, according to common law, when a conspiracy followed the completion of the crime, the charge of conspiracy melted into the completed crime. This means that the accused can only be charged for the crime accomplished and not for conspiracy. For example, you may be wondering exactly how an agreement is reached between two co-conspirators. Formalities are not necessary. For example, in the example above, Hank is not obliged to say clearly to Jason and Alice, “I agree to commit a crime with them” (although this statement is certainly a prosecutor`s dream).

Instead, an agreement can be implied, for example, where Hank and his two companions meet to plan the crime. Once a person has reached an agreement, it is very difficult to limit the extent of that person`s liability for the actions of others involved in the conspiracy. Under U.S. federal law, members of a conspiracy may be guilty not only of the crime of conspiracy itself, but also of other unknown crimes committed by other members of the support conspiracy. Many U.S. states, influenced by the model criminal code, have passed laws that do not make one by conspiracy. Most jurisdictions require that in addition to consenting to commit a crime, at least one member of the conspiracy must take steps to promote the illegal target. This requirement for an “open act” serves to distinguish the simple discourse from a plan that contemplates the conduct of illegal activities. As a general rule, any act will be sufficient to encourage conspiracy, but some states require the accused to take a more substantial action. Courts and statutes are increasingly insisting that proof of agreement must be linked to a particular crime.

However, conspiracy organizations often conduct a case instead of committing a single offence; A “chain conspiracy,” for example, involves several transactions, all geared towards a common illicit goal.