Criminal Law
Conspiracy
Definition
Conspiracy is an agreement between two or more persons to commit an unlawful act. At common law, the agreement itself is the actus reus. Many jurisdictions and the Model Penal Code also require an overt act in furtherance of the conspiracy. Each conspirator is liable for all foreseeable crimes committed by co-conspirators in furtherance of the conspiracy (Pinkerton liability). The MPC follows a unilateral approach (one party's genuine agreement suffices), while common law requires a bilateral agreement.
Example
Two individuals agree to rob a bank and purchase ski masks. The agreement and the overt act (buying masks) establish conspiracy, even if the robbery is never carried out.