Crim exam 2 hrs, help with conspiracy?

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lawschoolftw
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Joined: Wed Oct 21, 2009 2:34 pm

Crim exam 2 hrs, help with conspiracy?

Postby lawschoolftw » Fri Dec 10, 2010 12:45 pm

Can you conspire to commit the crime of reckless endangerment? Ex. We agree to drag race, drag racing meets the statutory definition of reckless endangerment? Did we conspire? My guess is yes because we purposefully agreed to act reckless? Any other opinions?

morg1693
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Joined: Sun May 02, 2010 3:31 pm

Re: Crim exam 2 hrs, help with conspiracy?

Postby morg1693 » Fri Dec 10, 2010 12:50 pm

TWO HOURS AND YOU DONT UNDERSTAND CONSPIRACY?!?!

good luck at your TTT

abudaba
Posts: 89
Joined: Thu Sep 16, 2010 11:57 pm

Re: Crim exam 2 hrs, help with conspiracy?

Postby abudaba » Fri Dec 10, 2010 1:15 pm

Conspiracy liability

The facts would need to be sufficient to 1) imply an agreement and they 2) had the underlying intent to carry out the unlawful activity of a drag race (reckless endangerment). Once mens rea is proven, all you need is to prove is the overt act - starting the car, revving the engines, or starting the race, whatever. They will be responsible for the conspiracy until the race is complete, and neither is involved in any act to further the conspiracy.

Further, conspiracy can be the agreement to commit a lawful act in an unlawful manner. Driving your car is lawful. Driving your car recklessly however would be an unlawful manner of driving.


accomplice liability

if there is a crash both are guilty under accomplice liability for encouraging each other to engage in the reckless behavior (also common in cases of a gun battle on the street and a stray bullet hits someone)

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kalvano
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Re: Crim exam 2 hrs, help with conspiracy?

Postby kalvano » Fri Dec 10, 2010 1:17 pm

I know in Texas, and I believe in the MPC as well, that conspiracy only applies to felonies.

charlesjd
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Re: Crim exam 2 hrs, help with conspiracy?

Postby charlesjd » Fri Dec 10, 2010 2:30 pm

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