Criminal Law: Inchoate Offenses: Conspiracy

Conspiracy = agreement/intent to agree + intent to pursue an unlawful objective

  • Each conspirator is liable for all crimes of co-conspirators. (if committed in furtherance of and were foreseeable).
  • Overt act. The majority of jurisdictions require a conspirator to perform an overt act in furtherance of the conspiracy (agreement + overt act in furtherance of conspiracy).
    • Withdrawal from conspiracy:D can never withdraw from liability for the conspiracy itself, but can withdraw from the subsequent crimes of co-conspirators D gives notice and takes an affirmative step to prevent the crime.