LEARNING OBJECTIVES
- Explain why conspiracy is an inchoate crime.
- Define the criminal act element required for conspiracy.
- Compare the conspiracy overt act requirement with the criminal act element required for attempt.
- Define the criminal intent element required for conspiracy.
- Ascertain whether a coconspirator can be criminally responsible when another coconspirator is not prosecuted or acquitted.
- Ascertain whether a coconspirator must know every other coconspirator to be guilty of conspiracy.
- Distinguish between a wheel and chain conspiracy.
- Define the Pinkerton rule.
- Define Wharton’s rule.
- Identify an affirmative defense to conspiracy.
- Ascertain whether merger applies to conspiracy.
- Compare various approaches to conspiracy grading.
- Define federal RICO.
Conspiracy punishes defendants for agreeing to commit a criminal offense. Conspiracy is an inchoate crime because it is possible that the defendants never will commit the planned offense. However, a conspiracy is complete as soon as the defendants become complicit and commit the conspiracy act with the conspiracy intent. The rationale for punishing defendants for planning activity, which generally is not sufficient to constitute the crime of attempt, is the increased likelihood of success when defendants work together to plot and carry out a criminal offense. 1 If the defendants commit the crime that is the o bject of the conspiracy, the defendants are responsible for the conspiracy and the completed crime, as is discussed in Consequences of Conspiracy.
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