Agreement Between Two Or More Persons To Commit A Crime
An intentional act must not be committed by each of the conspirators; a continuous act of a conspirator consolidates the insult to all co-conspirators. Thus, a conspirator who does not participate in the aborted act can be charged with conspiracy. In the United States, it is customary to punish a conspiracy to commit a crime more severely than the commission of the offence itself, but there is a growing tendency in the United States, under the influence of the model penal code, to follow the example of continental Europe, to make the penalty of conspiracy equal to or lower than that of the offence itself. Instead of adding the penalty of conspiracy to that for the separate crime, these states require that the penalty be imposed for one or the other offense, but not for both. The harshness of the traditional rule was mitigated by the doctrine that if one of the necessary parts of a conspiracy could not be convicted, the other party could not be convicted either. In some jurisdictions, this doctrine has been abandoned, so that a party may be guilty of conspiracy, regardless of the status of that person`s partner. . . .