Conspiracy has become a more common crime in recent years. It is used with RICO laws to help convict multiple gang members for one offense. It is also used by the federal government in prosecution of white collar crimes such as stock fraud. It is an easy way for the government to get the “top dog” in instances of organized crime. Because it is becoming more and more common in criminal jurisdictions, good defense attorneys have become more familiar with the requirements under the law and the available defenses.
"America is a vast conspiracy to make you happy". - John Updike
In the past, the only person who could be charged with a crime was the person who actually committed the crime. So the people who helped plan the crime, provided assistance through money or who assisted in other ways got the benefit of the crime but were not punished. This seemed unfair. So conspiracy laws were enacted to make sure that anyone who took part in the planning or who helped the crime to happen could be prosecuted and held responsible.
How Is Conspiracy Defined?
Criminal conspiracy is an agreement between two or more persons to commit a crime at some time in the future. In order to protect free speech, at least one overt act must also have been taken to further the agreement for the government to charge you with conspiracy.
In English Please?
Let’s say you and a co-worker are mad at your boss. You sit outside smoking a cigarette venting about how bad he has made your day. You both decide that the world would be a better place if he was dead. You then talk about how easy it would be to replace the sugar for his coffee with poison and how you both would laugh when he fell over dead in the conference room. Both of you then put out your cigarettes and go back to work. You never talk about it again.
That in itself is not a conspiracy. You both said something that was not nice, and you talked about a crime, but you didn’t actually agree to put poison in the coffee or try to put the poison in your boss’s coffee. So there is no agreement and no overt act.
But, let’s say after you have the conversation with your co-worker, your co-worker says that it is a great idea and the two of you agree to poison the coffee. You go out and buy the poison and give it to your co-worker. Your co-worker puts the poison in the desk.
Now there is a conspiracy, even if no one ever actually puts the poison in the coffee. The two of you have agreed and you bought poison. So there is an agreement and an overt act was committed to further the agreement. That is conspiracy.
The "Joint Responsibility" Rule
In cases of conspiracy, every member of the conspiracy is held accountable just as if they had committed the crime. Every person in the conspiracy group is also responsible for the actions of every other person in the group. This is known as “joint responsibility.”
Joint responsibility keeps one member of the group from placing the entire blame on another member, thereby escaping liability for the crime. It ensures that every person in the group is punished as a whole. So if one person plans the crime, one person buys the gun, and the last person actually pulls the trigger and hurts someone, all three people are prosecuted for the shooting equally.
How Is Conspiracy Used by the Government?
Although the evidence at this trial shows that Charles Manson was the leader of the conspiracy to commit these murders, there is no evidence that he actually personally killed any of the seven victims in this case. - Vincent Bugliosi
Charles Manson is one of the most famous accounts of a conspiracy conviction. Although he did not accompany Charles Watson, Susan Atkins, Linda Kasabian, and Patricia Krenwinnkel into Sharon Tate’s home when they committed the murder, he was prosecuted for the conspiracy to commit the crime. He planned it, told the others what to do and provided them with the information to carry out the crime. The other members then carried out his instructions.
There was an agreement between all of the parties and the agreement was carried out. The State used the agreement to prosecute Manson even though he was not there. He was convicted and sentenced to the maximum penalty allowed by law, even though he was nowhere near the home when the crime was committed. This is how a conspiracy crime works.
When two or more people plan a crime and then take action to make the crime happen it is a conspiracy. If they are caught, everyone involved in the conspiracy is prosecuted for every act committed regardless of which person in the group actually did the deed.
This is typical of how the government will proceed in a conspiracy theory case. If they feel that there is a “main man” or a leader giving orders to others who do the “dirty work” the government will use the conspiracy theory to try to hold the leader responsible. This is especially true in white collar crimes involving bank or stock fraud and in drug trafficking offenses. It is easier for the government to get the smaller guys who commit the crime then it is to get the leader of the group. By alleging that the person who committed the crime was acting under someone else’s instructions, the government can prosecute more than one person. This makes it easier for the government to prosecute the more elusive group leaders who are more cautious in their activities.
Defenses to Conspiracy
Common defenses to conspiracy are
Lack of Agreement
If you never came to an agreement with another person to commit a crime, there can be no conspiracy. Just talking does not make an agreement. There has to be a discussion, and all of the parties must agree that they all want to take part in the crime.
No “Overt Acts”
Like the example given above, people have the right to free speech. It could be that everyone agrees that they would like to see a crime happen or that they would like to plan a crime. But if no one ever does anything to make it happen then there can be no conspiracy. There must be some action taken to make whatever was agreed upon come true.
Renunciation
Renunciation in a conspiracy is a complicated defense. Renunciation means that you voluntarily change your mind and decide you no longer want to commit a crime. In a conspiracy, saying you do not want to participate any more or stopping further participation is not enough. In almost every jurisdiction you must take some action to try to convince all the other participants to abandon the crime as well. So not only do you have to decide you don’t want to commit the crime anymore, but you have to convince your partners not to commit the crime as well for the defense to work.
If you can’t convince your partners not to commit the crime, some states say that you have a duty to notify law enforcement in order for you not to be held responsible.
These defenses can be very complicated. It is very important in a conspiracy case to have good representation. Otherwise it can be easy for the government to obtain a conviction.
What Are the Penalties for Conspiracy?
The penalties for a conspiracy conviction vary. It depends on what crime you conspired to commit. All people in the conspiracy can receive the same punishment as the person who actually committed the crime. So if everyone planned to commit a murder, you can all receive life imprisonment. If you planned to steal a car, you can receive the maximum penalty in your state for stealing a car.
Are There any “Extra” Penalties I Might Receive?
The main thing with conspiracy is that everyone is responsible for everyone else’s actions. So if there were other crimes committed while trying to commit the main crime you have planned, you can be held responsible and sentenced to that as well. For example
- Let’s say Bob, Calvin and Doug plan to rob the store where Bob works.
- Bob’s part is to leave the doors unlocked after his shift is over with the cash in the register so that Calvin and Doug can enter.
- Calvin is to bring the car and buy the masks.
- Doug is responsible for getting the gun.
- Doug knows he is responsible for getting he gun, but he doesn’t have one so he steals it from his next door neighbor. Bob and Calvin don’t know he stole the gun.
- The three of them get caught.
Under this example, all three will be charged with conspiracy for robbing the store AND for the gun that Doug stole. Even though Bob and Calvin didn’t known Doug planned to steal the gun, under conspiracy laws they can be responsible for what Doug does to help further the plan to rob the store.
As you can see conspiracy charges can be very complex. In some cases you can be charged for crimes you had no knowledge of. If you are arrested for conspiracy you must make sure to contact an experienced attorney immediately to ensure all of your rights and defenses are protected.
