Conspiracy

Conspiracy, in common usage, is the act of working in secret to obtain some goal, usually understood with negative connotations. Etymologically, the term comes from Latin con- "with, together", and spirare "to breathe".

Conspiracy in law

As a legal term, conspiracy has historically been defined, in America, as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions. For example, planning to rob a bank in order to raise money for charity is still an illegal conspiracy. The conspiracy does not need to have been planned in secret in order to meet the definition of the crime. No specific intent need be proven.

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In United States v. Shabani 513 U.S. 10 (1994) the United States Supreme Court ruled: "...U.S. Congress intended to adopt the common law definition of conspiracy, which does not make the doing of any act other than the act of conspiring a condition of liability..." This ruling indicates that conspiracy, without any further action, can be criminal. Note that a "conspiracy", as a legal term in the US, does not always require more than one person. There are, in many nations, explicit crimes of conspiracy to commit murder et cetera.

Related Topics:
United States v. Shabani - 513 U.S. 10 - 1994 - United States Supreme Court - U.S. Congress - Common law - Criminal - Legal - US

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In California, a punishable conspiracy is an agreement between at least two people to commit a crime, while in addition at least one of them does some act to commit the crime. Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself. http://caselaw.lp.findlaw.com/cacodes/pen/182-185.html One example of this is The Han Twins Murder Conspiracy case, where one twin sister attempted to hire two youths to have her twin sister killed.

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One important use of conspiracy charges is that it relieves prosecutors of the need to prove the particular roles of conspirators. If two persons plot to kill another (and this can be proven), and the victim is indeed killed as a result of the actions of either conspirator, it is not necessary to prove with specificity which of the conspirators actually pulled the trigger. (Otherwise, both conspirators could conceiveably handle the gun--leaving two sets of fingerprints--and then demand acquittals for both, based on the fact that the prosecutor would be unable to prove beyond a reasonable doubt, which of the two conspirators was the triggerman). In order to achieve a conviction on charges of conspiracy, is sufficient to prove that a) the conspirators did indeed conspire to commit the crime, and b) the crime was committed by an individual involved in the conspiracy. Proof of which individual it was is usually not necessary.

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It is also an option for prosecutors, when bringing conspiracy charges, to decline to indict all members of the conspiracy (though their existence may be mentioned in an indictment). Such unindicted co-conspirators are commonly found when the identities or whereabouts of members of a conspiracy are unknown; or when the prosecution is only concerned with a particular individual among the conspirators. This is common when the target of the indictment is an elected official or an organized crime leader; and the co-conspirators are persons of little or no public importance.

Related Topics:
Indictment - Organized crime

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