Arizona Jury Instruction - Withdrawal From Conspiracy - For Use With General Conspiracy Charge
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You could be charged with conspiracy to commit robbery if you were involved in planning the robbery, or helped the robbers in some way (perhaps by transporting them to the scene or providing weapons), even if you did not physically carry out the robbery itself.
Legally, a Conspiracy exists when 2 or more persons join together and form an agreement to violate the law, and then act on that agreement. The crime of Conspiracy was created to address the inherent dangers posed to society when people come together and join forces to commit criminal acts.
For instance, a group of individuals can be convicted of conspiracy to commit burglary even if the actual burglary never happens. Conspiracy is also unique in that, unlike attempt, a defendant can be charged with both conspiracy to commit a crime, and the crime itself if the crime is completed.
The Pinkerton rule determines when an individual can be convicted of a substantive crime they didn't directly commit. It upholds that all conspiracy members are liable for their co-conspirators' substantive crimes intended to further the conspiracy.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. ARTICLE 16.
Properly set forth the essential elements of conspiracy, which are: (1) a mutual agreement or understanding, (2) knowingly entered by the defendant, with (3) an intent to jointly commit a crime.
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.