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The defendant must have joined the conspiracy with the intent to assist or advance the object or purpose of the conspiracy. The government need not show that the defendant knew all the details or members of the conspiracy nor that the defendant participated in all the conspiratorial 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.
You must decide whether the conspiracy charged in the indictment existed, and, if it did, who at least some of its members were. If you find that the conspiracy charged did not exist, then you must return a not guilty verdict, even though you may find that some other conspiracy existed.
Therefore, if one of the parties did not actually enter into an agreement, both "conspirators" must be acquitted because there could not have been an agreement without the agreement and consent of both parties. This is known as the "plurality" requirement for conspiracy.
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.
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 requirement for the crime of conspiracy that has been limited or rejected by a substantial number of states is overt act. Initially, the traditional law of conspiracy required both agreement to engage in a criminal act and the commission of an overt act in furtherance of the conspiracy.
Withdrawal and Conspiracy In order to withdraw from a conspiracy, a co-conspirator must: Take an affirmative action withdrawing from the conspiracy; Timely communicate to all co-conspirators the withdrawal; and. Withdraw prior to the completion of the objective of the conspiracy.