- The legal definition of conspiracy is very interesting
and provocative. Note particularly the following paragraph selected from
the text:
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- The crime of conspiracy, according to its modern interpretation,
may be of two kinds, namely, conspiracies against the public, or such as
endanger the public health, violate public morals, insult public justice,
destroy the public peace, or affect public trade or business.
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- The 'Lectric Law Library's Legal Lexicon On * Conspiracy
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- CONSPIRACY - 18 U.S.C. 371 makes it a separate Federal
crime or offense for anyone to conspire or agree with someone else to do
something which, if actually carried out, would amount to another Federal
crime or offense. So, under this law, a 'conspiracy' is an agreement or
a kind of 'partnership' in criminal purposes in which each member becomes
the agent or partner of every other member.
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- In order to establish a conspiracy offense it is not
necessary for the Government to prove that all of the people named in the
indictment were members of the scheme; or that those who were members had
entered into any formal type of agreement; or that the members had planned
together all of the details of the scheme or the 'overt acts' that the
indictment charges would be carried out in an effort to commit the intended
crime.
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- Also, because the essence of a conspiracy offense is
the making of the agreement itself (followed by the commission of any overt
act), it is not necessary for the Government to prove that the conspirators
actually succeeded in accomplishing their unlawful plan.
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- What the evidence in the case must show beyond a reasonable
doubt is:
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- First: That two or more persons, in some way or manner,
came to a mutual understanding to try to accomplish a common and unlawful
plan, as charged in the indictment;
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- Second: That the person willfully became a member of
such conspiracy;
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- Third: That one of the conspirators during the existence
of the conspiracy knowingly committed at least one of the methods (or 'overt
acts') described in the indictment; and
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- Fourth: That such 'overt act' was knowingly committed
at or about the time alleged in an effort to carry out or accomplish some
object of the conspiracy.
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- An 'overt act' is any transaction or event, even one
which may be entirely innocent when considered alone, but which is knowingly
committed by a conspirator in an effort to accomplish some object of the
conspiracy.
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- A person may become a member of a conspiracy without
knowing all of the details of the unlawful scheme, and without knowing
who all of the other members are. So, if a person has an understanding
of the unlawful nature of a plan and knowingly and willfully joins in that
plan on one occasion, that is sufficient to convict him for conspiracy
even though he did not participate before, and even though he played only
a minor part.
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- Of course, mere presence at the scene of a transaction
or event, or the mere fact that certain persons may have associated with
each other, and may have assembled together and discussed common aims and
interests, does not necessarily establish proof of a conspiracy. Also,
a person who has no knowledge of a conspiracy, but who happens to act in
a way which advances some purpose of one, does not thereby become a conspirator.
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- A combination or agreement of two or more persons to
join together to attempt to accomplish some unlawful purpose. It is a kind
of 'partnership in criminal purposes,' and willful participation in such
a scheme or agreement, followed by the commission of an overt act by one
of the conspirators is sufficient to complete the offense of 'conspiracy'
itself even though the ultimate criminal object of the conspiracy is not
accomplished or carried out. To establish the offense of 'conspiracy' the
Government must prove:
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- (1) That two or more persons in some way or manner, came
to a mutual understanding to try to accomplish a common and unlawful plan,
as charged in the indictment; (2) That the person willfully became a member
of such conspiracy; (3) That one of the conspirators during the existence
of the conspiracy knowingly committed at least one of the methods (or 'overt
acts') described in the indictment; and (4) That such 'overt act' was knowingly
committed at or about the time alleged in an effort to effect or accomplish
some object or purpose of the conspiracy.
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- A person may become a member of a conspiracy without
full knowledge of all of the details of the unlawful scheme or the names
and identities of all of the other alleged conspirators. So, if a person
has an understanding of the unlawful nature of a plan and knowingly and
willfully joins in that plan on one occasion, that is sufficient to convict
him for conspiracy even though he had not participated before and even
though he played only a minor part.
-
- Of course, mere presence at the scene of a transaction
or event, or the mere fact that certain persons may have associated with
each other, and may have assembled together and discussed common aims and
interests, does not necessarily establish proof of a conspiracy. Also,
a person who has no knowledge of a conspiracy, but who happens to act in
a way which advances some purpose of one, does not thereby become a conspirator.
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- An agreement between two or more persons to do an unlawful
act or an act which may become by the combination injurious to others.
Formerly this offence was much more circumscribed in its meaning than it
is now. Lord Coke describes it as 'a consultation or agreement between
two or more to appeal or indict an innocent person falsely and maliciously,
whom accordingly they cause to be indicted or appealed and afterwards the
party is acquitted by the verdict of twelve men.'
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- The crime of conspiracy, according to its modern interpretation,
may be of two kinds, namely, conspiracies against the public, or such as
endanger the public health, violate public morals, insult public justice,
destroy the public peace, or affect public trade or business.
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- To remedy these evils the guilty persons may be indicted
in the name of the commonwealth. Conspiracies against individuals are such
as have a tendency to injure them in their persons, reputation, or property.
The remedy in these cases is either by indictment or by a civil action.
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- In order to render the offence complete, there is no
occasion that any act should be done in pursuance of the unlawful agreement
entered into between the parties, or that any one should have been defrauded
or injured by it. The conspiracy is the gist of the crane.
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- By the former laws of the United States, a willful and
corrupt conspiracy to cast away, burn or otherwise destroy any ship or
vessel with intent to injure any underwriter thereon, or the goods on board
thereof, or any lender of money on such vessel, on bottomry or respondentia,
is made felony, and the offender punishable by fine not exceeding ten thousand
dollars and by imprisonment and confinement at hard labor not exceeding
ten years.
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- By the old Revised Statutes of New York it is enacted
that if any two or more persons shall conspire either: 1. To commit any
offence, or; 2. Falsely and maliciously to indict another for any offence,
or; 3. Falsely to move or maintain any suit, or; 4. To cheat and defraud
any person of any property, by any means which are in themselves criminal,
or; 5. To cheat and defraud any person of any property, by means which,
if executed, would amount to a cheat, or to obtaining property by false
pretences, or; 6. To commit any act injurious to the public health, to
public morals, or to trade and commerce, or for the perversion or obstruction
of justice, or the due administration of the laws; they shall be deemed
guilty of a misdemeanor. No other conspiracies are there punishable criminally.
And no agreement, except to commit a felony upon the person of another,
or to commit arson or burglary, shall be deemed a conspiracy, unless some
act besides such agreement be done to effect the object thereof, by one
or more of the parties to such agreement.
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- When a felony has been committed in pursuance of a conspiracy,
the latter, which is only a misdemeanor, is merged in the former; but when
a misdemeanor only has been committed in pursuance of such conspiracy,
the two crimes being of equal degree, there can be no legal technical merger.
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- There's related stuff in other Library areas , so explore.
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