Difference between revisions of "Conspiracy" - New World Encyclopedia

Revision as of 00:58, 20 July 2006

Template:Contrhttp://lacrosseforums.com/acted

The word conspiracy is both a legal definition of a crime and a noun denoting a specific group of people intent upon a specific action. The word originates from two Latin roots, con which means “with, together” and spirare “to breath”. In recent times, the word used outside the legal context has developed different connotations in the English lexicon.

Criminal Law

A criminal conspiracy is defined as an agreement between two or more people to break the law at some moment in time. Some statues take the definition further, requiring that there also be intent and an overt act accompanied by the agreement for a conviction. The intention of committing the crime agreed upon and an overt act that, while not necessarily the crime itself, in some way furthers the plans or hides the crime afterwards are all considered equal and necessary for a conspiracy to happen. The reason for this dissemination of conspiracy is to avoid the prosecution of words and thoughts alone. Such definitions are not universal. In The United States v. Shabani, 513 U.S. 10 (1994), the Supreme Court left the inclusion of an overt act of furtherance and intent in the criminal code up to the legislative to decide. Hence there is no one distinct definition of conspiracy although the essential agreement, which is at the core of all conspiracies, is a common variable throughout all statues.

Most statues state that it does not matter if the crime agreed upon is even executed (although the execution or deliberate attempt of the crime agreed upon will not be rolled up into the conspiracy charges, but will stand as separate offenses on their own). Conspiracy is merely the planning of such crimes. Further, if the crime, say a murder, is successfully carried out, everyone involved in the conspiracy, not just those who actual performed the murder, are guilty. Conspiracy statues also take into account any members that join the conspiracy after the initial agreement, as being as liable as those who originally agreed upon the crime.

Sometimes a defendant will claim they had renounced the group of conspirators before either the crime was committed or the group was arrested and charged, and therefore are innocent. However, in most jurisdictions such a defense would only be viable if there was proof of “substantial effort to prevent the commission of the conspiratorial plan”, and some statues only allow the defense if “the commission of the underlying crime was in fact prevented”. ^[1].

It is also an option for prosecutors, when bringing conspiracy charges, to decline to indict all members of the conspiracy (though their existence may be mentioned in an indictment). Such un-indicted co-conspirators are commonly found when the identities or whereabouts of members of a conspiracy are unknown; or when the prosecution is only concerned with a particular individual among the conspirators. This is common when the target of the indictment is an elected official or an organized crime leader; and the co-conspirators are persons of little or no public importance. More famously, President Richard Nixon was named as an un-indicted co-conspirator by the Watergate special prosecutor, in an event leading up to his eventual resignation.

Conspiracy differs in requirements and punishments from state to state. New York has adopted a unilateral policy on conspiracy which means that the initial intent of the conspirators to commit a crime is all that matters; any individual’s intention varying from the original at any other time is considered moot. The New York Penal Code lists six different degrees of conspiracy, the most severe being a Class A Felony and is defined as a person over the age of 18 to conspire with at least one individual under the age of 16 to commit a class A felony, which carries a maximum punishment of life in prison. In comparison, the lowest form of conspiracy is considered a Class B misdemeanor and has a maximum sentencing of six months in jail. ^[2]

California, on the other hand, views a conspiracy as at least two people forming an agreement to commit a crime, and at least one of them performing some act in furtherance to committing the crime, ignoring the idea of intent completely. Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself. ^[3]

At the federal level, conspiracy is broken down into three types: Conspiracy to defraud the United States, Conspiracy to impede or injure an officer of the United States, and solicitation to commit a crime of violence. The first offense, Conspiracy to commit an offense or defraud the United States, includes all non-violent, illegal acts against the United States as a country, or the U.S. government. Such examples would be a board of directors conspiring to commit tax fraud against the IRS, or a group of people who agree to disclose confidential information to the public. All federal “white collar” crimes fit into this category. The U.S. Code prescribes fines, five years imprisonment, or both as punishment. ^[4]

The second type of conspiracy, to impede or injure an officer of the United States, deals with any group that would agree to deliberately threaten, manipulate, bride or injure any United States official, effectively hampering or hindering their ability to execute their official duties. An example of this would be drug dealers agreeing to bride, threaten or physically injure U.S. Custom agents in order to smuggle drugs into the country. The maximum amount of imprisonment for such a charge is six years, with or without fines. ^[5].

The third and last definition of conspiracy by the United States Code is the solicitation to commit a crime of violence. Any group that hires, manipulates or forces another person to commit an act of violence is punishable. Punishment for this conspiracy charge is a maximum of half the punishment of the crime intended/executed (For example if the crime was murder, than the defendants would be sentenced for half the term of punishment that a murder charge carries). An example of this would be a person hired by a crime organization to commit assault or murder. ^[6]

It should be noted that in most court cases conspiracy is not the sole indictment. Conspiracy is usually added along with a charge for the crime attempted if it was not fully executed or for the crime itself if it was successfully carried out. Hence most defendants in a conspiracy trial also face separate punishments for the attempted/executed crime, which is the reason that most conspiracy crimes do not carry heavy punishments. It is frequently used as a prosecutory device to supplement other charges in order to secure longer sentences, or as a legal means to indict those involved in criminal activities that have little if any evidence against them.

Tort Law

In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i.e. there is an agreement between two or more natural persons to break the law at some time in the future or to achieve a lawful aim by unlawful means. The criminal law often requires one of the conspirators to take an overt step to accomplish the illegal act to demonstrate the reality of their intention to break the law, whereas in a civil conspiracy, an overt act towards accomplishing the wrongful goal may not be required. Etymologically, the term comes from Latin con- "with, together", and spirare "to breathe".

Civil conspiracy in business litigation

Business litigation often involves the use of conspiracy lawsuits against two or more corporations. Often joined in the lawsuit as defendants are the officers of the companies and outside accountants, attorneys, and similar fiduciaries.

Civil conspiracy law often takes the form of antitrust lawsuits, usually litigated in federal court, where the plaintiff seeks treble damages for overpayments caused by price-fixing above the market rate. The federal Sherman Antitrust Act provides both civil and criminal penalties. Other agreements among businesses and their agents for group boycotts, to monopolize, and to set predatory prices with intent to drive a small competitor out of business, would be actionable ^[7]

Conspiracies in violation of the federal securities laws such as the Securities Act of 1933 and the Securities Exchange Act of 1934 form another area where intense civil and criminal lawsuits occur over the existence or non-existence of an alleged conspiracy. Both the Securities Exchange Commission (SEC) and the Department of Justice bring legal actions for conspiracies to violate the securities laws. For example,a regional bank called PNC Financial Services Group Inc. through a subsidiary agreed, in June 2003, to pay $115 million in civil fines and restitution to settle the SEC's allegations of securities fraud. The subsidiary was accused of conspiracy to violate securities laws by transferring $762 million in troubled loans and investments to off-balance-sheet entities in 2001. In that case, the Justice Department deferred prosecution of PNC, citing its cooperation in a related investigation. Similarly, the civil litigation against the tobacco companies to recover health care costs, alleges a conspiracy under the Medical Care Recovery Act, 42 U.S.C. §§ 2651, et seq. (Count One), the Medicare Secondary Payer provisions of Subchapter 18 of the Social Security Act, 42 U.S.C. § 1395y(b)(2)(B)(ii) &(iii) (Count Two), and the civil provisions of Chapter 96 of Title 18, United States Code, codified at 18 U.S.C. §§ 1961 through 1968, entitled Racketeer Influenced and Corrupt Organizations ("RICO") to deceive the American public about the health effects of smoking.

Conspiracy in Pop Culture

In the last thirty years conspiracy as both a fictional motif and explanation for real events has become widespread. In movies, television shows and books, conspiracies have become popular plot points, usually involving a section of the government or a large corporation. The most famous example would be the hit television series The X-Files that proposed a massive conspiracy in all the governments of the world, between men of power and extraterrestrials.

In the realm of non-fiction culture, conspiracy theories have been expounding for years. Authors and investigators have leveled claims of conspiracies being responsible for the assassination of President John F. Kennedy, the cover-up of a crashed UFO in the New Mexican desert in 1949 and even have suggested that the Apollo moon landing was a hoax. A majority of these conspiracy theorists drawn conclusions based on speculation and hardly any significant evidence has been produced to verify such claims, although there are serious investigators who present legitimate reports of hidden governmental activities, such as the Watergate cover-up that was perpetuated by members of the Nixon administration.

Whether claimed to be real or works of fiction, the very fact that conspiracies capture society’s imagination says quite a lot about how people view the larger forces around them. Shadowy men in high ranking government or business positions, making self-interested decisions that affect millions of people and going to any length necessary to keep their actions concealed from the public has become an almost pseudo-archetype in the collective unconscious. Certainly such conspiracies do exist, as can be seen with the recent Enron scandal, but such vast conspiracies that involve long periods of time and many people to cover-up such monumental events as contact with an alien species or the murder of a President speak more to a general paranoia for those who have power and what they do with it.

Footnotes

↑ “A Brief and General Rundown on New York Conspiracy Law”. National Lawyer’s Guild, NY Chapter. <http:www.nlgnyc.org/pdf/conspiracylaw.pdf>
↑ G N.Y. Pen. Code § 3 art. 105.00-105.35 (2004)
↑ Cal. Pen. Code § 182-185 (2005)
↑ 18 U.S.C. § 371 (2004)
↑ 18 U.S.C. § 372 (2004)
↑ 18 U.S.C. § 373 (2004)
↑ U.S. Department of Justice. "Antitrust Enforcenment and the Consumer". <http://www.pueblo.gsa.gov/cic_text/misc/antitrust/antitrus.htm>

Credits

New World Encyclopedia writers and editors rewrote and completed the Wikipedia article in accordance with New World Encyclopedia standards. This article abides by terms of the Creative Commons CC-by-sa 3.0 License (CC-by-sa), which may be used and disseminated with proper attribution. Credit is due under the terms of this license that can reference both the New World Encyclopedia contributors and the selfless volunteer contributors of the Wikimedia Foundation. To cite this article click here for a list of acceptable citing formats.The history of earlier contributions by wikipedians is accessible to researchers here:

The history of this article since it was imported to New World Encyclopedia:

History of "Conspiracy"

Note: Some restrictions may apply to use of individual images which are separately licensed.

[1] “A Brief and General Rundown on New York Conspiracy Law”. National Lawyer’s Guild, NY Chapter. <http:www.nlgnyc.org/pdf/conspiracylaw.pdf>

[2] G N.Y. Pen. Code § 3 art. 105.00-105.35 (2004)

[3] Cal. Pen. Code § 182-185 (2005)

[4] 18 U.S.C. § 371 (2004)

[5] 18 U.S.C. § 372 (2004)

[6] 18 U.S.C. § 373 (2004)

[7] U.S. Department of Justice. "Antitrust Enforcenment and the Consumer". <http://www.pueblo.gsa.gov/cic_text/misc/antitrust/antitrus.htm>

[1]

[2]

[3]

[4]

[5]

[6]

[7]

@@ Line 1: / Line 1: @@
 [[Category:Politics and social sciences]]
 [[Category:Law]]
-{{Contracted}}
+{{Contrhttp://lacrosseforums.com/acted}}
-==Criminal Conspiracy==
-In the [[criminal law]], a '''conspiracy''' is an agreement between two or more [[natural person]]s to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare [[attempt]]s which require proximity to the full offence). For the purposes of [[concurrence]], the ''[[actus reus]]'' is a continuing one and parties may join "the plot" later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted and/or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their [[sentence (law)|sentence]].
-==Conspiracy in [[English law]]==
+The word '''conspiracy''' is both a legal definition of a [[crime]] and a noun denoting a specific group of people intent upon a specific action.  The word originates from two [[Latin]] roots, ''con'' which means “with, together” and ''spirare'' “to breath”. In recent times, the word used outside the legal context has developed different connotations in the [[English lexicon]].
-===Common law residue===
-Under the [[common law]] the crime of conspiracy was capable of infinite growth, able to accommodate any new situation and to criminalize it if the level of threat to [[society]] was sufficiently great. The [[court]]s were therefore acting in the role of the [[legislature]] to create new offences and, following the [[Law Commission]] Report No. 76 on "Reform of the Common Law", the Criminal Law Act 1977 produced a statutory offence and abolished all the common law varieties of conspiracy, except for:
-====Conspiracy to defraud====
-Although most [[fraud]]s are crimes, it is irrelevant for these purposes whether the agreement would amount to a crime if carried out. This gives the [[prosecution]] a choice whether to charge statutory or common law conspiracy where the agreement would amount to the commission of an offence if carried out. If the victim has suffered any financial or other prejudice, there is no need to establish that the defendant deceived him or her. But, following ''Scott v Metropolitan Police Commissioner'' (1974) 3 All ER 1032, it is necessary to prove that the victim was [[dishonesty|dishonestly]] deceived by one or more of the parties to the agreement into running an economic risk that he or she would not otherwise have run, if the victim has not suffered any loss. For the ''[[mens rea]]'', it is necessary to prove that "the purpose of the conspirators (was) to cause the victim economic loss" (per Lord Diplock in Scott). For the test of dishonesty, see ''R v Ghosh'' (1982) 2 All ER 689.
-====Conspiracy to corrupt public morals or to outrage public decency====
+==Criminal Law==
-These two offences exist, if at all, only when the agreement would not amount to a substantive crime if carried out by a single person and covers situations where, for example, a publisher encourages immoral behavior through explicit content in a magazine or periodical. But, in ''R v Rowley'' (1991) 4 All ER 649, the defendant left notes in public places over a period of three weeks offering money and presents to boys with the [[intention (criminal)|intention]] of luring them for immoral purposes, but there was nothing lewd, obscene or disgusting in the notes. The judge ruled that the [[jury]] was entitled to look at the purpose behind the notes in deciding whether they were lewd or disgusting. On appeal against [[conviction (law)|conviction]], it was held that an act outraging public decency required a deliberate act which was in itself lewd, obscene or disgusting, so Rowley’s motive in leaving the notes was irrelevant and, since there was nothing in the notes themselves capable of outraging public decency, the conviction was quashed.
-===Statutory Conspiracy===
+A [[criminal conspiracy]] is defined as an agreement between two or more people to break the [[law]] at some moment in time.  Some [[statue]]s take the definition further, requiring that there also be intent and an overt act accompanied by the agreement for a conviction.  The intention of committing the crime agreed upon and an overt act that, while not necessarily the crime itself, in some way furthers the plans or hides the crime afterwards are all considered equal and necessary for a conspiracy to happen.  The reason for this dissemination of conspiracy is to avoid the prosecution of words and thoughts alone.  Such definitions are not universal.  In ''The United States v. Shabani'', 513 U.S. 10 (1994), the [[Supreme Court]] left the inclusion of an overt act of furtherance and intent in the criminal code up to the legislative to decide.  Hence there is no one distinct definition of conspiracy although the essential agreement, which is at the core of all conspiracies, is a common variable throughout all statues.
-S1(1) Criminal Law Act 1977 provides:
-:"...if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions, either -
-::(a) will necessarily amount to or involve the commission of any offence or offences by one or more of the parties to the agreement, or
-::(b) would do so but for the existence of facts which render the commission of the offence or any of the offences impossible, [added by S.5 Criminal Attempts Act 1981]
-:he is guilty of conspiracy to commit the offence or offences in question."
-====Exceptions====
+Most statues state that it does not matter if the crime agreed upon is even executed (although the execution or deliberate attempt of the crime agreed upon will not be rolled up into the conspiracy charges, but will stand as separate offenses on their own). Conspiracy is merely the planning of such crimes.  Further, if the crime, say a murder, is successfully carried out, everyone involved in the conspiracy, not just those who actual performed the murder, are guilty.  Conspiracy statues also take into account any members that join the conspiracy after the initial agreement, as being as liable as those who originally agreed upon the crime.
-*S.2 (2) there can be no conspiracy where the only other person(s) to the agreement are:
-::(a) a [[spouse]];
-::(b) a person under the age of criminal responsibility; and
-::(c) an intended victim of that offence."
-====Elements of the offence====
+Sometimes a defendant will claim they had renounced the group of conspirators before either the crime was committed or the group was arrested and charged, and therefore are innocent.  However, in most jurisdictions such a defense would only be viable if there was proof of “substantial effort to prevent the commission of the conspiratorial plan”, and some statues only allow the defense if “the commission of the underlying crime was in fact prevented”. <ref> “A Brief and General Rundown on New York Conspiracy Law”.  National Lawyer’s Guild, NY Chapter.  <http:www.nlgnyc.org/pdf/conspiracylaw.pdf> </ref>.
-There must be a real agreement with the parties having agreed all the major details of the "crime" or "crimes" (not including other [[inchoate offense|inchoate offences]]) to be committed within the territorial [[criminal jurisdiction|jurisdiction]] of the court, and the parties must "intend" or "know" the facts which make the conduct criminal even where the full offence is strict. Thus, the ''mens rea'' of conspiracy is a completely separate issue from the ''mens rea'' required of the substantive crime: ''Attorney General ex parte Rockall'' (1999) Crim LR 972 where the issue of corruption in public office was complicated by the presence of the presumption of corruption in s2 Prevention of Corruption Act 1916 unless the contrary is proved in respect of payments to persons in public employment (a provision that probably breaches the [[human rights]] requirement as to a [[presumption of innocence]]).
-==Conspiracy in the United States==
+It is also an option for prosecutors, when bringing conspiracy charges, to decline to indict all members of the conspiracy (though their existence may be mentioned in an indictment). Such un-indicted co-conspirators are commonly found when the identities or whereabouts of members of a conspiracy are unknown; or when the prosecution is only concerned with a particular individual among the conspirators. This is common when the target of the indictment is an elected official or an organized crime leader; and the co-conspirators are persons of little or no public importance. More famously, [[President Richard Nixon]] was named as an un-indicted co-conspirator by the [[Watergate]] special prosecutor, in an event leading up to his eventual resignation.
-Conspiracy has been defined in America as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions. For example, planning to rob a bank (an illegal act) in order to raise money for charity (a legal end) remains a criminal conspiracy because the parties agreed to use illegal means to accomplish the end goal. The commonly used phrase: "The ends don't justify the means" reflects the same legal reasoning.
-A conspiracy does not need to have been planned in secret in order to meet the definition of the crime. Of course, there is a high premium on conspirators making their plans in secret, otherwise their illegal agreement could be prohibited by court injunction or the members of the conspiracy could be sued for damages suffered by those injured by their illegal agreement. Finally, if the planning for the illegal agreement is uncovered, the conspirators could be prosecuted.
+Conspiracy differs in requirements and punishments from state to state. [[New York]] has adopted a unilateral policy on conspiracy which means that the initial intent of the conspirators to commit a crime is all that matters; any individual’s intention varying from the original at any other time is considered moot. The [[New York Penal Code]] lists six different degrees of conspiracy, the most severe being a [[Class A Felony]] and is defined as a person over the age of 18 to conspire with at least one individual under the age of 16 to commit a class A felony, which carries a maximum punishment of life in prison. In comparison, the lowest form of conspiracy is considered a [[Class B misdemeanor]] and has a maximum sentencing of six months in jail. <ref> G N.Y. Pen. Code § 3 art. 105.00-105.35 (2004) </ref>
-One legal dictionary, law.Com, provides this useful example on the application of conspiracy law to an everyday sales transaction tainted by corruption. It shows how the law can handle both the criminal and the civil need for justice.
+[[California]], on the other hand, views a conspiracy as at least two people forming an agreement to commit a crime, and at least one of them performing some act in furtherance to committing the crime, ignoring the idea of intent completely.  Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself. <ref> Cal. Pen. Code § 182-185 (2005) </ref>
- <blockquote>
-[A] scheme by a group of salesmen to sell '''used''' automobiles as '''new''', could be '''prosecuted as a crime''' of fraud and conspiracy, and also allow a purchaser of an auto '''to sue for damages''' [in civil court] for the fraud and conspiracy.
-</blockquote>
-Finally, and on a more technical legal matter, conspiracy law usually does not require proof of the specific intent by the defendants to injure any specific person in order to establish an illegal agreement. Instead, usually the law only requires the conspirators have the agreed to engage in a certain illegal act. This is sometimes described as a "general intent" to violate the law.
+At the federal level, conspiracy is broken down into three types: '''Conspiracy to defraud the United States''', '''Conspiracy to impede or injure an officer of the United States''', and '''solicitation to commit a crime of violence'''.  The first offense, Conspiracy to commit an offense or defraud the United States, includes all non-violent, illegal acts against the United States as a country, or the U.S. government. Such examples would be a board of directors conspiring to commit tax fraud against the IRS, or a group of people who agree to disclose confidential information to the public.  All federal “white collar” crimes fit into this category.  The [[U.S. Code]] prescribes fines, five years imprisonment, or both as punishment. <ref> 18 U.S.C. § 371 (2004) </ref>
-In ''[[United States v. Shabani]]'', [[Case citation|513 U.S. 10]] ([[1994]]) the [[Supreme Court of the United States|United States Supreme Court]] ruled:
+The second type of conspiracy, to impede or injure an officer of the United States, deals with any group that would agree to deliberately threaten, manipulate, bride or injure any United States official, effectively hampering or hindering their ability to execute their official duties.  An example of this would be drug dealers agreeing to bride, threaten or physically injure U.S. Custom agents in order to smuggle drugs into the country.  The maximum amount of imprisonment for such a charge is six years, with or without fines. <ref> 18 U.S.C. § 372 (2004) </ref>.
-[[Congress of the United States|U.S. Congress]] intended to adopt the [[common law]] definition of conspiracy, which does not make the doing of any act other than the act of conspiring a condition of liability" at least in so far as to establish a violation of a narcotics conspiracy under 21 U.S.C. § 846. Therefore, the Government need not prove the commission of any overt acts in furtherance of those  narcotics conspiracies prohibited by 21 U.S.C. § 846. The ''Shabani'' case illustrates that it is a matter of legislative prerogative whether to require an overt step, or not to require an overt step in any conspiracy statute. The court compares the need to prove an overt step to be criminally liable under the conspiracy provision of the Organized Crime Control Act of 1970, while there is no such requirement under 21 U.S.C. § 846.
-The Supreme Court pointed out that common law did not require proof of an overt step, and the need to prove it for a federal conspiracy conviction requires Congress to specifically require  proof of an overt step to accomplish the conspiracy. It is a legislative choice on a statute by statute basis.
+The third and last definition of conspiracy by the United States Code is the solicitation to commit a crime of violence.  Any group that hires, manipulates or forces another person to commit an act of violence is punishable.  Punishment for this conspiracy charge is a maximum of half the punishment of the crime intended/executed (For example if the crime was murder, than the defendants would be sentenced for half the term of punishment that a murder charge carries). An example of this would be a person hired by a crime organization to commit assault or murder. <ref> 18 U.S.C. § 373 (2004) </ref>
-California criminal law is somewhat representative of other jurisdictions. A punishable conspiracy exists when at least two people form an agreement to commit a crime, and at least one of them does some act in furtherance to committing the crime. Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself. [http://caselaw.lp.findlaw.com/cacodes/pen/182-185.html]
+It should be noted that in most court cases conspiracy is not the sole indictment.  Conspiracy is usually added along with a charge for the crime attempted if it was not fully executed or for the crime itself if it was successfully carried out.  Hence most defendants in a conspiracy trial also face separate punishments for the attempted/executed crime, which is the reason that most conspiracy crimes do not carry heavy punishments.  It is frequently used as a prosecutory device to supplement other charges in order to secure longer sentences, or as a legal means to indict those involved in criminal activities that have little if any evidence against them.
-One example of this is [[The Han Twins Murder Conspiracy]] case, where one twin sister attempted to hire two youths to have her twin sister killed.
+==Tort Law==
-One important feature of a conspiracy charge is that it relieves prosecutors of the need to prove the particular ''roles'' of conspirators.  If two persons plot to kill another (and this can be proven), and the victim is indeed killed as a result of the actions of either conspirator, it is not necessary to prove with specificity which of the conspirators actually pulled the trigger.  (Otherwise, both conspirators could conceivably handle the gun—leaving two sets of fingerprints—and then demand acquittals for both, based on the fact that the prosecutor would be unable to prove beyond a reasonable doubt, which of the two conspirators was the triggerman).  In order to achieve a conviction on charges of conspiracy, is sufficient to prove that a) the conspirators did indeed conspire to commit the crime, and b) the crime was committed by ''an'' individual involved in the conspiracy.  Proof of ''which'' individual it was is usually not necessary.
-It is also an option for prosecutors, when bringing conspiracy charges, to decline to indict all members of the conspiracy (though their existence may be mentioned in an [[indictment]]).  Such ''unindicted co-conspirators'' are commonly found when the identities or whereabouts of members of a conspiracy are unknown; or when the prosecution is only concerned with a particular individual among the conspirators.  This is common when the target of the indictment is an elected official or an [[organized crime]] leader; and the co-conspirators are persons of little or no public importance. More famously, President [[Richard Nixon]] was named as an unindicted co-conspirator by the [[Watergate scandal|Watergate]] special prosecutor, in an event leading up to his eventual resignation.
-==Civil Conspiracy==
 In the law of [[tort law|tort]], the legal elements necessary to establish a civil '''conspiracy''' are substantially the same as for establishing a [[conspiracy (criminal)|criminal conspiracy]], i.e. there is an agreement between two or more [[natural person]]s to break the law at some time in the future or to achieve a lawful aim by unlawful means. The criminal law often requires one of the conspirators to take an overt step to accomplish the illegal act to demonstrate the reality of their [[intention (criminal)|intention]] to break the law, whereas in a civil conspiracy, an overt act towards accomplishing the wrongful goal may not be required. Etymologically, the term comes from [[Latin]] ''con-'' "with, together", and ''spirare'' "to breathe".
-==Civil conspiracy in [[United States]] business litigation==
+==Civil conspiracy in business litigation==
 Business litigation often involves the use of conspiracy [[lawsuit]]s against two or more [[corporation]]s. Often joined in the lawsuit as [[defendant]]s are the officers of the [[company (law)|companies]] and outside [[accountant]]s, [[attorney]]s, and similar fiduciaries.
-Civil conspiracy law often takes the form of [[antitrust]] lawsuits, usually litigated in [[federal court]], where the [[plaintiff]] seeks treble [[damage]]s for overpayments caused by price-fixing above the market rate. The federal [[Sherman Antitrust Act]] provides both civil and criminal penalties. Other agreements among businesses and their agents for group boycotts, to monopolize, and to set predatory prices with intent to drive a small competitor out of business, would be actionable.
+Civil conspiracy law often takes the form of [[antitrust]] lawsuits, usually litigated in [[federal court]], where the [[plaintiff]] seeks treble [[damage]]s for overpayments caused by price-fixing above the market rate. The federal [[Sherman Antitrust Act]] provides both civil and criminal penalties. Other agreements among businesses and their agents for group boycotts, to monopolize, and to set predatory prices with intent to drive a small competitor out of business, would be actionable <ref> U.S. Department of Justice. "Antitrust Enforcenment and the Consumer". <http://www.pueblo.gsa.gov/cic_text/misc/antitrust/antitrus.htm> </ref>
 Conspiracies in violation of the federal securities laws such as the [[Securities Act of 1933]] and the [[Securities Exchange Act of 1934]] form another area where intense civil and criminal lawsuits occur over the existence or non-existence of an alleged conspiracy. Both the [[Securities Exchange Commission]] (SEC) and the [[Department of Justice]] bring legal actions for conspiracies to violate the securities laws. For example,a regional bank called PNC Financial Services Group Inc. through a subsidiary agreed, in June 2003, to pay $115 million in civil fines and restitution to settle the SEC's allegations of securities fraud. The subsidiary was accused of conspiracy to violate securities laws by transferring $762 million in troubled loans and investments to off-balance-sheet entities in 2001. In that case, the Justice Department deferred prosecution of PNC, citing its cooperation in a related investigation. Similarly, the civil litigation against the tobacco companies to recover health care costs, alleges a conspiracy under the Medical Care Recovery Act, 42 U.S.C. §§ 2651, et seq. (Count One), the Medicare Secondary Payer provisions of Subchapter 18 of the Social Security Act, 42 U.S.C. § 1395y(b)(2)(B)(ii) &(iii) (Count Two), and the civil provisions of Chapter 96 of Title 18, United States Code, codified at 18 U.S.C. §§ 1961 through 1968, entitled [[Racketeer Influenced and Corrupt Organizations]] ("RICO") to deceive the American public about the health effects of [[Tobacco smoking|smoking]].
-Often the modern civil law of conspiracy is described in "plain language" jury instructions. The standard California jury instruction for conspiracy is governed by Rule 855 of the California Rules of Court, The new California jury instructions are designated as the “official instructions for use in the state of California.” It is not mandatory for the California judges to use them; but it is strongly encouraged. Some of the "plain language" California civil instructions about conspiracy read as follows with fictional names placed in the blanks in the jury instruction form:
+==Conspiracy in Pop Culture==
-===California "Plain Language" jury instructions 360 conspiracy: essential factual elements===
-<blockquote>
-A conspiracy is an agreement between two or more persons to commit a wrongful act.
-</blockquote>
-<blockquote>
-Such an agreement may be made orally or in writing or implied by the conduct of the parties.
- </blockquote>
-<blockquote>
-Plaintiff Smith, Inc., claims that it was harmed by Defendant Jones Corp. for refusing to sell widgets to Plaintiff Smith, Inc. with intent to unreasonably injure competition, and that Defendant Brown & Associates is also liable for the harm because it was part of the conspiracy with Jones Corp. to unreasonably injure competition under the California antitrust laws.
-</blockquote>
-The facts of each case can vary widely as to exact nature of the underlying scheme. In the above example, a common fact pattern could be that widgets are necessary equipment needed for Smith, Inc. to manufacture its product, and Brown & Associates is a competitor of Smith,Inc.
-How the conspirators entice one another into the scheme also varies with each case. One fact pattern for the above example would be Brown & Associates promises Jones, Corp. (the supplier of widgets) to give Jones part of the additional profits that Brown hopes to make if Smith, Inc goes out of business because it lacks the necessary widgets.
-==[[English law]]==
+In the last thirty years conspiracy as both a fictional motif and explanation for real events has become widespread.  In movies, television shows and books, conspiracies have become popular plot points, usually involving a section of the government or a large corporation.  The most famous example would be the hit television series The X-Files that proposed a massive conspiracy in all the governments of the world, between men of power and extraterrestrials.
-The tort of conspiracy requires there to be knowledge of the relevant circumstances and of the agreement made. Thus, as a precondition to [[corporate liability]], it must be possible to [[imputation (law)|attribute]] the relevant employee's or [[agent (law)|agent's]] knowledge to the corporation. There are two possible legal approaches:
-*as a matter of [[agency (law)|agency law]], the acts and omissions constituting the alleged conspiracy must have been carried out within the actual or ostensible authority of the agent; or
-*as a matter of [[vicarious liability]] the acts and omissions must have been carried out in and during the course of the employment.
-There is little difficulty when the claim is that the company either conspired with a second company or with at least two natural persons. The requisite knowledge can be attributed under either head as appropriate. But there is a problem under the first heading when [[fraud]] is involved because there is a clash of authority. ''Lloyd v Grace, Smith & Co.'' [1912] AC 716 held that a Principal may be liable where the Agent commits a fraud within actual or apparent authority, whereas in ''In re Hampshire Land Company'' [1896] 2 Ch 743, it was held that the knowledge and, sometimes, the conduct of an Agent acting fraudulently so as to cause loss to the Principal will not be imputed to the Principal. In theory, vicarious liability may be of more assistance in that it is attributing the wrong done by one (natural) person to another (fictitious) but, in ''Belmont Finance Corporation v Williams Furniture Ltd'' [1979] Ch 250, the ''Hampshire Land'' agency line of authority was preferred. Belmont, a company in liquidation, sued a number of defendants, including the majority of its own directors, for conspiracy to procure Belmont to buy shares in another company at a gross overvalue. The purpose of this plan was to fund the acquisition of shares in Belmont itself by some of the defendants. Foster J. struck out the claim on the basis that Belmont was itself a party to the conspiracy. On [[appeal]], Buckley LJ. said:
-:But in my view knowledge should not be imputed to the company, for the essence of the arrangements was to deprive the company improperly of a large part of its assets. As I have said, the company was a victim of the conspiracy. I think it would be irrational to treat the directors, who were allegedly parties to the conspiracy, notionally as having transmitted this knowledge to the company.
-Because Belmont could only be a party to the conspiracy if knowledge was imputed, the [[Court of Appeal of England and Wales|Court of Appeal]] insulated it from the knowledge of its directors even though those directors, with that knowledge, made relevant decisions at board meetings and attached the company seal to the relevant documents. To that extent, liability in conspiracy is different to the standard vicarious liability situations in which, say, a company will be deemed to know that vehicles or machinery have not been properly maintained or that a service has been negligently delivered.
-==References==
+In the realm of non-fiction culture, conspiracy theories have been expounding for years.  Authors and investigators have leveled claims of conspiracies being responsible for the assassination of President John F. Kennedy, the cover-up of a crashed UFO in the New Mexican desert in 1949 and even have suggested that the Apollo moon landing was a hoax.  A majority of these conspiracy theorists drawn conclusions based on speculation and hardly any significant evidence has been produced to verify such claims, although there are serious investigators who present legitimate reports of hidden governmental activities, such as the Watergate cover-up that was perpetuated by members of the Nixon administration.
-Department of Trade & Industry. "Company Law Review: Attribution of Liability". [http://www.dti.gov.uk/cld/glick.pdf]
-US Department of Justice. "Antitrust Enforcement and the Consumer" [http://www.pueblo.gsa.gov/cic_text/misc/antitrust/antitrus.htm]
-US Department of Justice Civil Lawsuit: FAQ. "U.S. Department of Justice RICO Lawsuit Against the Cigarette Industry: Background and Frequently Asked Questions" [http://www.tobaccofreekids.org/reports/doj/faq/]
-Law Commission Report No 228 "Conspiracy To Defraud" (1994)
+Whether claimed to be real or works of fiction, the very fact that conspiracies capture society’s imagination says quite a lot about how people view the larger forces around them.  Shadowy men in high ranking government or business positions, making self-interested decisions that affect millions of people and going to any length necessary to keep their actions concealed from the public has become an almost pseudo-archetype in the collective unconscious.  Certainly such conspiracies do exist, as can be seen with the recent Enron scandal, but such vast conspiracies that involve long periods of time and many people to cover-up such monumental events as contact with an alien species or the murder of a President speak more to a general paranoia for those who have power and what they do with it.
-Smith, J. C. "Some Comments On The Law Commission's Report" (1995) CLR 209.
+==Footnotes==
+<references/>
 {{Credit2|Conspiracy_(crime)|61288532|Conspiracy_(civil)|53874128|}}