Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Proposal exists when a person who has decided to commit a felony proposes its commission to another. As a general rule, conspiracy and proposal to commit a felony are not themselves punishable; they are punishable only in the specific cases where the law provides a penalty for them (for example, conspiracy to commit treason, rebellion, or coup d'etat). However, conspiracy has a second and crucial dimension: when it is established as a means of committing a crime that is actually carried out, the act of one conspirator is the act of all. This means that once conspiracy is proven, all the conspirators are liable as co-principals regardless of the extent of each one's participation, because the criminal design is shared. Conspiracy may be proven by direct evidence or inferred from the coordinated acts of the accused pointing to a common purpose. Understanding conspiracy matters greatly, because it can expand criminal liability to everyone who shared the criminal plan.
Definitions
- Conspiracy — two or more agree to commit a felony and decide to commit it; and
- Proposal — one who decided to commit a felony proposes it to another.
Generally Not Punishable by Themselves
Conspiracy and proposal are not punishable on their own, except in specific cases the law provides (e.g., treason, rebellion, coup d'etat).
The Act of One Is the Act of All
When conspiracy is a means to a crime actually committed, the act of one is the act of all — every conspirator is liable as a co-principal, regardless of the extent of their participation. Conspiracy may be inferred from coordinated acts.
Practical Takeaways
- Conspiracy = an agreement to commit a felony;
- Generally not punishable alone, except in specific crimes;
- Once a crime is committed, all conspirators are liable as co-principals.
Frequently Asked Questions
What is conspiracy in criminal law? It exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
Is conspiracy always punishable? No. As a general rule, conspiracy and proposal are punishable only in the specific cases where the law provides a penalty, such as conspiracy to commit treason, rebellion, or coup d'etat.
What does 'the act of one is the act of all' mean? When conspiracy is proven as a means of committing a crime that is carried out, all conspirators are liable as co-principals regardless of the extent of each one's participation, because the criminal design is shared.
How is conspiracy proven? By direct evidence, or inferred from the coordinated acts of the accused before, during, and after the crime that point to a common criminal purpose.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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