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Criminal Conspiracy A to Z

What is a Conspiracy?

Today's Letter is C

Conspiracy falls under the inchoate crimes portion of the criminal code. A criminal conspiracy is an agreement between two or more persons for the specific purpose of committing any crime.

It is not enough for two or more persons to agree to commit a crime.  In addition to the agreement, one (notice I said only one) or more persons to the agreement must do something in furtherance of the object of the agreement.

If the intended crime is consummated, the conspirators may be tried for either the conspiracy, the completed offense or both and a conviction of one shall not bar the prosecution of the other.

Here's the big whammy!

Whoever is a party to the criminal conspiracy to commit a crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators. There are some exceptions to this rule, but too much for a short blog post.

If your character enters into an agreement with another character to rob a liquor store, and the clerk is killed. What happens?

Is the person who drove the look out car just as guilty of second degree murder as the person who actually pulled the trigger? Suppose the lookout guy had no intention of killing anyone and didn't want anyone to get hurt?

Too bad. Guilty. If someone is murdered during the commission of the conspiracy then each co-conspirator is equally guilty of all crimes committed. The only way out of this is if the shooter killed someone after the conspiracy ended.

Let's say that Adam and Bill conspired to rob a bank and Adam is the lookout driver and Adam does not want anyone to get hurt. While Adam is waiting in the get away car, Bill shoots and kills a bank teller. Because the killing occurs during the conspired act, both Adam and Bill are equally guilty of second degree murder.

Now suppose that no one is hurt inside the bank and Adam drops Bill off at home and Adam goes home. The conspired act has ended. But, Bill, leaves his home and walks to the liquor store and hold up the clerk who refuses to give him the booze. Bill shoots and kills the clerk. Adam is home and he has not conspired to be part of the second crime.

It becomes difficult to differentiate when the conspired act ends, when the co-conspirators are engaged in a run on string of continual criminal acts.

Today's Game:

1st Fictional Character Scenario:

Three of your characters conspire to commit murder: Allison, Brittany and Chloe all three discover that they are dating the same man and he is cheating on all three of them, so they decide and plan to kill Justin. They plan how they will do it, when they will do it and how each will provide an alibi for the other. Now, let's say that Chloe is having second thoughts, but she has not conveyed her reluctance to either Allison or Brittany. Allison's job for part one of the plan is to purchase an untraceable handgun. Brittany is supposed to lure Justin to a remote area, an abandoned oil rig on a secluded lake road. Chloe's job is to swipe all three of their cards at they gym so that it looks like all three were working out at the time of the murder. Allison has trouble finding a gun and is late to the rendezvous spot. Justin becomes suspicious and bolts for his car. Brittany, without a firearm, must improvise. Brittany grabs a discarded drill bit and bashes Justin on the back of his head. He hits the ground, but is not dead. Brittany snatches a conductor pipe and slams it into Justin's throat. She continues pounding him with anything she can find until he finally stops breathing. Justin Dies.

Neither Allison or Chloe were even present at the time of Justin's murder. Allison was unsuccessful in her search for a weapon. Chloe went to the gym, but at the last minute she slipped the extra entry cards into her pocket and only scanned  her own.

Which of the three, Allison, Brittany and/or Chloe are guilty of a crime? What crime and or crimes are they guilty of?  Are any or all of the three guilty of murdering Justin? Which, if any, of the three are guilty of conspiracy to commit the murder of Justin. If any of the three are not guilty, why are they not guilty?

Second Hypothesis: 

and Michael conspire and agree to commit a burglary. They choose a home where Lisa used to work as a nanny, so she knows she security code. Lisa tells Michael the code and her job is to be the lookout and wait in the car. They are both armed. The neighbors notice a suspicious looking car and dial 911. Michael gains entry into to home, but the police arrive before he can get any of the goods.

Are Michael and Lisa guilty of burglary? Conspiracy to commit a burglary? Is one guilty and the other not guilty? Does it matter that they were unable to complete their intended crime?

Third Scenario: 

Same facts as above except, Lisa is the one who calls 911, before Michael gains entry? Has Lisa abandoned her intent to commit a burglary? Is she still guilty of conspiracy to commit a burglary?

Answer as many of the above questions as you can. The person who gets the most correct answers will win a $25 Amazon gift card.

Bloggers, I need your help. 

In my letter B post, I had a quiz. The winner receives a $25 Amazon gift card. The question asked the commenter's to choose the most unusual or creative weapon that could be used to commit an aggravated battery upon another person. I received some great answers. Please take a look at the list of the most unusual weapons that people picked and in the comment area today, vote for the one you find to be the most unusual weapon.

Fallen street sign
Your fingernails (sharpened to knife point)
Frozen leg of lamb
A weed whacker 
Sugar- used in any manner or ingested to kill or harm a diabetic
Monkey Fist
Folding Chair
Frozen halibut

Thanks and winner will be announced tomorrow, in my letter D post.

Letter "C"
1. Chile: Swim in the world's largest swimming pool.
2. Croatia: Visit the beaches
3. Create a professional website

Don't forget to take a stab at today's crime questions. The winner will receive a $25 Amazon gift card.

And of course, don't forget to visit the other 2013 A to Z blogging challenge participants.


Melissa Sugar said...

Brilliant post! I have not been by in a while, but I wanted to check in and say hello. I'm guessing with numero uno that all three are guilty because they are co-conspiritors. In duex, both are guilty and I have no idea about troi. But I'm having fun guessing. :)

Melissa Sugar said...

Oh my goodness. When I read sugar as a weapon, I thought you were talking about you at first! LOL

Melissa Sugar said...

What I cool post. I knew none of this. That would suck if you didn't want anyone to get hurt and your partner in crime had different plans.

Melissa Sugar said...

,This is so great. And I love that my Monkey Fist (a real weapon by the way) made your list!!

First example. Even though Adam was the driver and didn't want anyone to get hurt, he would still be tried for felony murder (if they both were caught) as Bill killed the teller during the commission of a crime (the robbery).

Okay, I say in scenario one that Brittney is guilty of first degree murder (it was premeditated). Unfortunately for her, There is no proof, other than her word of any conspiracy so she is going down alone.

Scenario two Michael is at least guilt of breaking and entering (what is the difference between B&E and Burglary). Lisa would at least be a co-conspirator in that offense. Since Michael was caught before any clear and definitive action was taken, it would be hard to prove why he broke in (attempted robbery, attempted arson, attempted murder, attempted kidnapping, etc.?)

Third scenario, I am not sure that Lisa is guilty of anything so I will say no.

And I am voting for the Monkey Fist!!!

Melissa Sugar said...

What a novel way to present info! I knew much of it but still, as you say, there is still a lot of gray sticky area in the whole accessory/conspirator.

As for your B post, I think it would be fun to use a frozen halibut. It just tickles my fancy. :-)

Melissa Sugar said...

Um, that would be for a character to use as a weapon, not me--altho, come to think of it I have use a big dinner roll to pop someone across the room but not with lethal intent, lol! (Psst, don't tell my mother about my lack of manners.)

Melissa Sugar said...

folding chair!
and conspiracy is complicated! i have no idea about those scenarios! you are messing with me. ah! will have to tune in and find out later!

Melissa Sugar said...

I didn't even know the true definition of conspiracy until this post. Thank you!!!

Melissa Sugar said...

Wow, that was great. Almost made me want to write crime fiction!

Melissa Sugar said...

Wouldn't that only be true if either A) an uninvolved party knew about the conspiracy and could testify to that fact or B) one of the other two girls was stupid enough to admit they had helped plan it? Otherwise I see it as one persons word against two. There is no such thing as conspiracy after the fact right? That would negate the definition of a conspiracy. Malice aforethought and all. Seems like the other two convictions could be successfully appealed.

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