MBE Rules · Criminal Law
Conspiracy
The rule
Agreement between two or more persons to commit a crime, with intent to enter the agreement AND intent to accomplish the unlawful purpose. Majority requires an overt act. Each conspirator liable for foreseeable crimes of co-conspirators in furtherance (Pinkerton). Wharton's Rule: no conspiracy where crime requires concert.
In plain English
Conspiracy is when people agree to commit a crime together, and at least one of them takes a step towards doing it. They're all responsible for any related crimes that happen as part of their plan.
Worked example
Three people plan to rob a bank, and one buys masks. During the robbery, one of them assaults a guard. All three can be charged with the assault because it was a foreseeable part of their plan.
Memory hook
Conspiracy: Plot, Plan, Perform. Agreement + Intent + Overt Act = liability for all.
The trap
Students think: any agreement is enough. Wrong, because the majority rule requires an overt act. The actual test is intent + overt act.
How examiners test it
The MBE loves: two criminals agree, one buys supplies. Trap: students miss overt act requirement. Look for any act furthering the crime.
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