Conspiracy as a Criminal Charge - Explained
What is required to prove Conspiracy
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the Crime of Conspiracy?
Conspiracy involves an agreement between individuals to commit a crime. Conspiracy is a separate charge or crime than the crime agreed to by the parties.
What is required to prove a Conspiracy?
In a conspiracy, each member becomes the agent of the other member(s).
Each person in the conspiracy does not have to know all of the details.
Each person simply needs to understand that the plan is illegal and knowingly and willfully join in that plan on one occasion.
The conspiracy or conspired act does not have to be successful.
The formal elements of a conspiracy charge are as follows:
- Multiple People - There must be 2 or more persons.
- Mutual Understanding - In some way or manner, these people must come to a mutual understanding to try to accomplish a common and unlawful plan.
- Willfulness - The defendant must willfully become a member of the conspiracy.
- Overt Act - During the existence of the conspiracy, one of the conspirators must knowingly commit at least one of the overt acts described in the indictment (formal charge).
- Purposeful Act - The overt act was knowingly committed in an effort to carry out or accomplish some objective of the conspiracy.
The essence of a conspiracy offense is the making of an agreement followed by the commission of any overt act in furtherance of that agreement.
While direct evidence is preferable, circumstantial evidence may be used to prove a conspiracy.
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