These questions become manageable once you separate agreement crimes from assistance crimes. Conspiracy, attempt, solicitation, and accomplice liability overlap, but they do not ask the same question.
These questions become manageable once you separate agreement crimes from assistance crimes. Conspiracy, attempt, solicitation, and accomplice liability overlap, but they do not ask the same question.
Very High priority
ELEMENTS: (1) Agreement between 2+ persons; (2) Intent to agree; (3) Intent to achieve unlawful objective; (4) Overt act (majority rule - any act, even preparatory). BILATERAL (CL) vs UNILATERAL (MPC): CL requires 2+ guilty minds. MPC allows conviction even if other party is feigning. PINKERTON LIABILITY: Each conspirator liable for crimes of co-conspirators committed in furtherance of conspiracy and foreseeable. WITHDRAWAL: Must communicate to all co-conspirators or inform police. Only cuts off future crimes - still liable for conspiracy itself. NO MERGER: Can be convicted of conspiracy AND completed crime.
HYPO: A and B agree to rob bank. A drives getaway car. B enters bank and, panicking, shoots guard. A claims he didn't know B had a gun. A liable for murder? ANALYSIS: Pinkerton liability - conspirators liable for foreseeable crimes in furtherance of conspiracy. Is shooting during bank robbery foreseeable? YES - violence during robbery is foreseeable even if not planned. RESULT: A is liable for felony murder even though he was outside. Pinkerton + felony murder = A guilty of murder.
Section sources