Criminal Law · Conspiracy

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MBE Criminal Law: Conspiracy

An overview of conspiracy as tested on the MBE, including key rules, question patterns, and practice questions to prepare for the exam.

Overview

Conspiracy is an agreement between two or more parties to commit a crime, coupled with an overt act taken in furtherance of that agreement. It is essential to establish that all conspirators shared the intent to promote or facilitate the criminal objective. The MBE tests conspiracy by assessing understanding of the elements required for a conspiracy charge, the differences in the requirements for unilateral and bilateral conspiracies, and the concept of overt acts. Additionally, it evaluates the withdrawal from a conspiracy and its effects on liability.

The elements generally required to prove conspiracy include: (1) an agreement to commit an unlawful act, (2) the intent to enter into the agreement, and (3) an overt act in furtherance of the conspiracy. The crime of conspiracy can be charged independently even if the object crime is not completed or if all co-conspirators are acquitted of the substantive offense. The MBE often presents variations on these elements through hypothetical fact patterns involving varying intentions and actions of parties involved in a conspiracy.

Key Rules
  1. A conspiracy requires an agreement between two or more persons.
  2. Each conspirator must have the intent to commit the underlying crime.
  3. An overt act in furtherance of the conspiracy is required, but it need not be illegal itself.
  4. The crime of conspiracy exists even if the object crime is not ultimately committed.
  5. Withdrawal from a conspiracy may negate liability if done before any overt act.
  6. Co-conspirators are liable for the acts of each other if committed in furtherance of the conspiracy.
Common Question Patterns
  • Identifying whether an agreement constitutes a conspiracy.
  • Determining the intent of the parties involved in the agreement.
  • Analyzing overt acts taken in furtherance of a conspiracy.
  • Assessing the implications of withdrawal from a conspiracy.
  • Exploring issues of liability for co-conspirators.
Practice Questions

1. A and B agree to rob a bank. A later tells B they changed their mind, but B proceeds with the plan and robs the bank. What is A's liability?

A. A) A is liable for conspiracy because he agreed to commit the robbery.

B. B) A is not liable for conspiracy as he withdrew before any overt act.(Correct)

C. C) A is liable for conspiracy as B acted as his agent.

D. D) A is not liable for conspiracy since the bank was robbed.

Explanation: A is not liable for conspiracy as he effectively withdrew prior to any overt act being accomplished pertaining to the conspiracy.

2. C and D conspire to distribute illegal drugs. C decides to inform the police about D’s plan after conspiring but before they execute any overt act. Which statements about C's liability is correct?

A. A) C is liable for conspiracy because conspiracy does not require an overt act to begin the criminal conspiracy.

B. B) C is not liable for conspiracy because he withdrew and informed authorities before any crime was committed.(Correct)

C. C) C is liable for conspiracy since the crime of conspiracy is completed upon agreement.

D. D) C is not liable for conspiracy as he did not intend to carry out the agreement.

Explanation: C is not liable for conspiracy since he voluntarily withdrew and reported the plan to law enforcement before any overt act.

3. If Person X and Person Y conspire to commit a robbery, but only Person X commits an overt act, can Person Y still be convicted of conspiracy?

A. A) Yes, both are liable since only one overt act is required.(Correct)

B. B) No, both must commit an overt act for conspiracy to be established.

C. C) Yes, because conspiracy may proceed upon the act of any co-conspirator.

D. D) No, because Person Y must have committed the overt act.

Explanation: Yes, under the doctrine of Pinkerton, all co-conspirators are liable for the acts of others in furtherance of the conspiracy, as long as the act is in pursuit of the conspiracy’s goal.

4. A, B, and C agree to smuggle drugs into the country. C does not participate in any further actions but simply agrees to the plan. What is C's liability?

A. A) C is liable for conspiracy because he agreed to commit a crime.

B. B) C cannot be held liable as he did not take any overt act.(Correct)

C. C) C is liable only if A and B also take overt acts.

D. D) C is not liable because he did not intend to partake in the smuggling.

Explanation: C cannot be held liable for conspiracy as there was no overt act in furtherance of the conspiracy by C.

5. A and B plan to rob a store. A decides not to go through with the robbery and tells B a week before the crime. B goes ahead with the robbery. Can A be convicted of conspiracy?

A. A) Yes, because A and B both agreed to the robbery.

B. B) No, A successfully withdrew from the conspiracy before any overt act.(Correct)

C. C) Yes, unless A informs the police.

D. D) No, because only B committed the robbery.

Explanation: A's withdrawal prior to any overt act constitutes a defense against conspiracy, which prevents a conviction.

Test-Taking Tips
  • Focus on the elements of conspiracy: agreement, intent, and overt act.
  • Be mindful of the distinction between overt acts that are necessary for conspiracy.
  • Remember that the liability of co-conspirators extends to acts committed in furtherance of the conspiracy.
  • Understand the nuances of withdrawal and its impact on liability.
  • Practice with hypotheticals to get comfortable with identifying key facts related to conspiracy.

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