Handling Overlapping Criminal Conspiracies

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Handling Overlapping Criminal Conspiracies

Postby brickman » Thu Nov 24, 2011 10:48 pm

So as an example:

A, B, C agree to commit robberies.

One day as A and B are walking down the street, they see D, and E nods (making an agreement) to A and B, and A, B, and E rob D.

How would this be analyzed?

is C liable for the actions of A,B, and E even though there was a new agreement between A,B,E?

how should I analyze the situation?

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Re: Handling Overlapping Criminal Conspiracies

Postby DocHawkeye » Sun Dec 04, 2011 4:47 pm

No, I don't think so. I think you have a new conspiracy, seperate from the one formed between A, B, and C. Section 5.03 of the Model Penal Code all conspirators must agree to commit the crime or assist in the comission of the crime. C did not agree as is required.

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