LAW 604 Lecture Notes - Lecture 45: Attendant Circumstance, Mens Rea, Actus Reus
Document Summary
It does not matter how remote the act may be from accomplishing the purpose, as long as the act furthers the conspiracy in any degree: could be something completely innocent, as long as it helps the conspiracy. Cumulative punishments: some jurisdictions allow punishment of conspiracy and the target offense, or attempt of the target offense. Pinkerton v. united states (1946): pinkerton brothers were indicted for violations of the. Irs and convicted of a substantive offense and conspiracy offense. Both agreed to a conspiracy but one of the brothers didn"t participate in the substantive offense. Having joined in an unlawful scheme until he does some act to disavow or defeat the purpose he is in no situation to claim the delay of the law. As the offense has not been terminated or accmomplished, he is still offending: defendant needs to show evidence of an affirmative action establishing withdrawal from the conspiracy.
