AJ 014 Lecture Notes - Lecture 16: Inchoate Offense

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 014
• Professor: green

Document Summary

Criminal conspiracy occupies a unique place in our criminal justice system. Def: a partnership in criminal purposes a mutual agreement or understanding express or implied b/n 2+persons to commit a criminal act or accomplish a legal act by unlawful means. Now specifically proscribed by statute, has origins in common law. Necessary for conviction: intent to combine with others intent to accomplish the illegal objective. Conspiracy is a crime that is separate and distinct from the substantive crime that is its object. The guilt or innocence of a conspirator does not depend on the accomplishment of the goal of the conspiracy. Typically, conspiracy is said to perform a dual function: first, it has been employed t fill the gap created by a law of attempt too narrowly conceived. With attempt, preparation has had to proceed so far toward actual commission of a crime to itself create an intolerable danger to society.