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Criminal Law • Preliminary Crimes
CRIMLAW#064
Legal Definition
All conspirators are liable for both the conspiracy and any crime committed by another conspirator, so long as the crime was reasonably foreseeable and in furtherance of the conspiracy.
Plain English Explanation
Conspiracies are team sports. When you join a criminal team and participate in a crime together, you share in all reasonably foreseeable crimes that your teammates commit while executing the plans you signed up for. For example, if a bunch of criminals agree to use guns to rob a bank, then the guy who drives the gunmen to the bank is just as liable for shootings as the gunmen are liable for the driver running red lights and speeding away.
However, what if while the gunmen are in the bank, the driver realizes he is near a guy who owes him money and decides to drive to that guy's house and rob them?
/This additional robbery by the driver was hardly foreseeable during the commission of the bank robbery, nor was it in furtherance of the bank robbery. As a result, it is unlikely that the gunmen would be liable for the driver's bonus robbery.
However, what if while the gunmen are in the bank, the driver realizes he is near a guy who owes him money and decides to drive to that guy's house and rob them?
/This additional robbery by the driver was hardly foreseeable during the commission of the bank robbery, nor was it in furtherance of the bank robbery. As a result, it is unlikely that the gunmen would be liable for the driver's bonus robbery.
Related Concepts
Does merger exist for conspiracy related crimes?
How can a participant of a conspiracy effectively withdraw?
How does factual impossibility affect attempt?
How does factual impossibility affect conspiracy?
How does legal impossibility affect attempt?
How does legal impossibility affect conspiracy?
In assessing the crime of attempt, what is merger?
In assessing the crime of solicitation, what is merger?
Under conspiracy, what constitutes an agreement?
What is attempt?
What is conspiracy?
What is solicitation?
What is Wharton's Rule?
What level of preparation is required to commit an attempt?
What type of intent is required for attempt?
