Crim exam 2 hrs, help with conspiracy? Forum

[lawschoolftw]

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]

TWO HOURS AND YOU DONT UNDERSTAND CONSPIRACY?!?!

good luck at your TTT

[abudaba]

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)

[kalvano]

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

[charlesjd]

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