Conspiracy – an agreement by two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement’s objective, including any action or conduct that furthers the agreement

conspiracy:

“An agreement by two or more persons to commit an unlawful act, coupled with an intent to achieve the agreement’s objective, & (in most states) action or conduct that furthers the agreement; a combination for an unlawful purpose. 18 USCA § 371. Conspiracy is a separate offense from the crime that is the object of the conspiracy. A conspiracy ends when the unlawful act has been committed or (in some states) when the agreement has been been abandoned. A conspiracy does not automatically end if the conspiracy’s object is defeated. See Model Penal Code § 5.03(7); U.ZS. v. Jiminez Recio, 537 U.S. 270, 123 s.Ct. 819 (2003).

Synonyms:

criminal conspiracy

Excerpts from Literature:

     Excerpt from Krulewitch v. U.S., 336 U.S. 440, 445-48, 69 S.Ct. 716, 719-20 (1949) (Jackson, J., concurring):

     “An elastic, sprawling, & pervasive offense… so vague that it almost defies definition. Despite certain elementary & essential elements, it also, chameleon-like, takes on a special coloration from each of the many independent offenses on which it may be overlaid. It is always ‘predominantly mental in composition’ because it consists primarily of a meeting of minds & an intent.” [2]

     Excerpt from P.H. Winfield’s A Textbook of Law of Tort § 128 , 434 (5th ed. 1950):

     “When two or more persons combine for the purpose of inflicting upon another person any injury which is unlawful in itself, or which is rendered unlawful by the mode in which it is inflicted, & in either case the other person suffers damage, they commit the tort of conspiracy.” [3]

References:

All material utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Krulewitch v. U.S., 336 U.S. 440, 445-48, 69 S.Ct. 716, 719-20 (1949) (Jackson, J., concurring)

[3]: P.H. Winfield’s A Textbook of Law of Tort § 128 , 434 (5th ed. 1950)

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