NCJ Number
14765
Journal
Trial Volume: 10 Issue: 4 Dated: (JULY/AUGUST 1974) Pages: 26-31
Date Published
1974
Length
6 pages
Annotation
SINCE CONSPIRACY IS AIMED AT THE UNLAWFUL AGREEMENT AND COMBINATION OF PERSONS, KNOWLEDGE OF THE AGREEMENT AND COMBINATION IS A PREREQUISITE TO GUILT - A REQUIREMENT TOO OFTEN IGNORED BY THE COURTS.
Abstract
THE ACTUS REUS OF AGREEING CAN BE VIEWED AS THE CONTEMPORANEOUS EXISTENCE IN MORE THAN ONE MIND OF THE MENS REA OF INTENT TO COMBINE, COUPLED WITH KNOWLEDGE OF THE OTHER'S INTENT. THIS MERELY DESCRIBES THE PROCESS OF AGREEING, WHETHER IT BE EXPRESSED OR IMPLIED. THE KNOWLEDGE REQUIRED FOR AGREEMENT IS THE SAME KNOWLEDGE REQUIRED TO FORM AN INTENT TO COMBINE, THAT IS, THE KNOWLEDGE OF THE PARTICIPATION OF OTHERS IN AN ILLEGAL ENTERPRISE PLUS THE KNOWLEDGE OF ILLICIT INTENT ON THEIR PART. IT MAY BE ARGUED THAT THE INTENT TO COMBINE, ONCE ESTABLISHED, SHOULD SUFFICE TO DEMONSTRATE GUILT OF CONSPIRACY WITH REGARD TO A PARTICULAR CO-CONSPIRATOR AND THAT HIS LIABILITY SHOULD EXTEND TO THE BOUNDS OF THE CONSPIRACY. BUT THE ALLEGED CONSPIRATOR MUST AT LEAST BE AWARE THAT THE ENTERPRISE HAS A SCOPE BEYOND HIS OWN PARTICIPATION, AWARE THAT IT HAS AN INDEFINITE OUTLINE. ADDITIONALLY, THE COURTS' EQUATION OF 'KNOWLEDGE' WITH 'HAD REASON TO KNOW' ESTABLISHES CRIMINAL GUILT BY THE CIVIL STANDARD OF NEGLIGENCE. THUS, AN ALLEGED CONSPIRATOR MAY INCUR FELONIOUS LIABILITY ON LESS STRINGENT STANDARDS THAN OUR SYSTEM OTHERWISE ALLOWS. (AUTHOR ABSTRACT MODIFIED)