criminal law · crime
Criminal conspiracy involves an agreement between two or more individuals to commit a criminal act. It is important to note that the crime is complete at the point of agreement, even if the planned crime is never executed.
The first essential element is a mutual agreement between two or more individuals to commit an unlawful act.
What to prove: It must be shown that the parties had a shared understanding to commit a specific crime.
Each conspirator must intend to promote or facilitate the commission of the crime that is the subject of the conspiracy.
What to prove: It must be demonstrated that the conspirators had the purpose of achieving the objective of the agreement.
Many jurisdictions require the demonstration of an overt act in furtherance of the conspiracy.
What to prove: It must be shown that at least one conspirator took some action towards achieving the conspiracy's goals, even if that act does not itself constitute a crime.
The prosecution bears the burden of proof and must establish the elements of conspiracy beyond a reasonable doubt.
Students should focus on the distinctions between conspiracy and other crimes such as attempt. Commonly, exams feature fact patterns that test on the agreement and overt act requirements.