![]() ![]() In the majority of jurisdictions, the criminal intent element required for conspiracy is specific intent or purposely to agree with another to commit the crime at issue (Connecticut Criminal Jury Instructions 3.3-1, 2011). Pursuant to this unilateral view of conspiracy, a conspiracy may exist between a defendant and a law enforcement decoy who is pretending to agree. However, the modern approach is that a conspiracy may be formed as long as one of the parties has the appropriate intent (Ind. The essence of conspiracy is agreement, which requires two or more parties. ![]() However, it would likely be enough to support the conspiracy to commit destruction of property or animal cruelty. Note that the purchase of the rat poison is not sufficient to constitute the criminal act element required for attempted destruction of property or animal cruelty, as discussed in Section 8 “Res Ipsa Loquitur Test”. If Melissa and Matthew are in a jurisdiction that requires an overt act in furtherance of the conspiracy, Melissa and Matthew probably have not committed the conspiracy criminal act until Melissa buys the rat poison. ![]() Their agreement could be verbal and does not need to be formal or in writing. In a jurisdiction that defines the criminal act element for conspiracy as an agreement between two or more to commit a criminal offense, Melissa and Matthew probably committed the conspiracy criminal act as soon as they agreed to poison the dog. After deciding they will poison the dog, Melissa buys rat poison, and Matthew thereafter coats a filet mignon with it and throws it over the fence into the neighbor’s yard. In this example, Melissa and Matthew agree to poison the neighbor’s dog because it barks every night. Review the example with Melissa and Matthew in Section 8 “Res Ipsa Loquitur Test”. If the defendants commit the crime that is the object of the conspiracy, the defendants are responsible for the conspiracy and the completed crime, as is discussed in Section 8.2.4 “Consequences of Conspiracy”. The rationale for punishing defendants for planning activity, which generally is not sufficient to constitute the crime of attempt, is the increased likelihood of success when defendants work together to plot and carry out a criminal offense (Dennis v. However, a conspiracy is complete as soon as the defendants become complicit and commit the conspiracy act with the conspiracy intent. Conspiracy is an inchoate crime because it is possible that the defendants never will commit the planned offense.
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