CONSPIRACY

A “conspiracy” is an agreement or a kind of “partnership” in criminal purposes in which each member becomes the agent or partner of every other member.

 

The essence of a conspiracy offense is the making of the agreement itself (followed by the commission of any overt act). It is not necessary for the Government to prove that the conspirators actually succeeded in accomplishing their unlawful plan.

 

The state must prove:

 

1.    That two or more persons came to an understanding to do a criminal act.

2.    That the defendant knowing the purpose willfully joined in.

3.    That any of the conspirators made an overt act to advance the object of the conspiracy.

4.    That the overt act advanced was knowingly done to carry out or advance the object of the conspiracy.