MBE Rules · Criminal Law
Unilateral Conspiracy
MPC — unilateral conspiracy
The rule
Under the MPC one who agrees with a feigning undercover officer is guilty of conspiracy; the common-law bilateral rule requires at least two genuine conspirators.
In plain English
Unilateral conspiracy under the Model Penal Code (MPC) allows for a person to be guilty of conspiracy even if they are only agreeing with someone who is not genuinely participating in the conspiracy, such as an undercover officer. In contrast, the common law requires at least two real conspirators to establish a conspiracy.
Worked example
Alice plans to rob a bank and discusses her plan with Bob, who is actually an undercover officer pretending to be her accomplice. Under the MPC, Alice is guilty of conspiracy because she agreed to commit the crime, even though Bob is not a true conspirator. Therefore, she can be charged with conspiracy.
Memory hook
One is enough: under the MPC, you can conspire with a fake!
The trap
Exams often present scenarios where students must distinguish between the MPC and common law approaches, leading them to mistakenly apply the bilateral rule in a unilateral situation. Watch for clues indicating whether the other party is a true conspirator or not.
How examiners test it
Questions typically involve fact patterns where a defendant interacts with an undercover officer, prompting students to analyze whether the MPC or common law applies to determine conspiracy liability.
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