Conspiracy and Complicity

Conspiracy

A conspiracy refers to a stand alone crime (it does not need to be combined with another act to be a crime, unlike complicity) that consists of: an agreement between two or more people to commit an unlawful act, to engage in illegal activity to achieve even a legal end, or to deprive someone else of his or her legal rights. The agreement to act must be more than mere ideas, that is, the agreement must be moved toward a conclusion with some overt act, whether or not the agreement is actually completed.

Sometimes a planning process made by a combination of persons for unlawful or secret purposes may also be considered a conspiracy. These plans are not required to have been made in secret to be defined as criminal conspiracy, nor does any party to the conspiracy need to be aware of the entire plan. In most jurisdictions, in order for an activity to rise to the level of criminal conspiracy, at least one party must have engaged in an overt act toward completing the wrongful goal. However, the law will not punish individuals for ideas even if they put in the effort to refine them, with the idea of committing the act.

As with other specific intent crimes, a person's intention (mere ideas are not intent) is key. But the court will also care about the mental states of the alleged partners to the crime. Other individuals in the conspiracy must intend to agree, and all must intend to achieve the outcome.

Mere association with people known to be involved in a crime does not make someone a co-conspirator. For instance, just because your friend tells you he is going to burglarize a house doesn't mean you are part of the conspiracy unless you also agree to participate by acting as a getaway driver or helping him scope out the property ahead of time. Then we are trending to complicity, which is coming up in a few paragraphs, even if conspiracy cannot be shown for this individual.

For example: Jason, Alice, and Hank plan a bank robbery. First, they visit the bank first to assess its security, and then second, pool their money and buy a gun together. These steps with all three participating shows intent by all three. All three can be charged with conspiracy to commit robbery, regardless of whether the robbery itself is ever attempted or completed.

A civil conspiracy is a civil tort that involves an agreement between two or more parties to either deceive someone for the purpose of obtaining an illegal objective, or to deprive someone of his legal rights. The concept of civil conspiracy allows a victim to file a civil lawsuit against conspirators who sought to deprive him, whether or not there was any crime beyond the civil act, that might result in a separate criminal prosecution.

A plaintiff in a civil conspiracy lawsuit must prove that the accused conspirators made an agreement together to commit illegal acts, in order to achieve their unlawful goals. Unlike criminal conspiracy, it is not necessary for a plaintiff to prove that a conspirator committed an overt act in furtherance of the unlawful goal.

In addition, it is not generally necessary to prove that the defendants (conspirators or co-conspirators) had the intent to harm any specific person. Rather, the law defines civil conspiracy as an agreement to engage in illegal activity toward an unlawful goal.

Article 81 of the Uniform Code of Military Justice follows these same rationale in the Courts Martial.

Punishment for Conspiracy

People often look at convictions for conspiracy as being less serious than the conviction resulting from the criminal act. This is not true. The crime of conspiracy is punished, in most States, in similar degree to the resulting crime (the “target act”). Liability then, means a conspirator faces the same degree of guilt and punishment as the individual who commits the target act, including prison time. Conspiracy to commit a misdemeanor act is a misdemeanor, and conspiracy to commit a felony is a felony.

Complicity

Complicity is the act of helping or encouraging another individual to commit a crime. Depending on the jurisdiction we are discussing, it is also referred to as aiding and abetting. One who is complicit is said to be an accomplice. But, even though an accomplice does not actually commit the crime, his or her actions helped someone in the commission of the crime before, during or after the crime. They don't have to agree to assist (like conspiracy) they just assist, before, during or after the crime.

The concept of accomplice liability means an accomplice faces the same degree of guilt and punishment as the individual who committed the crime. Accomplices can face the same penalties, including prison time. The key consideration is whether the individual intentionally and voluntarily encouraged or assisted in the commission of the crime, or (in some cases) failed to prevent it.

Examples of Complicity

   Serving as the getaway driver in a bank robbery.

   Turning off the alarm system of a jewelry store in which you work, knowing that it will be robbed later that evening.

   Loaning a handgun to someone who you know is planning to commit a crime.

   Directing a vehicle to a dead-end street where you know an armed carjacker is waiting.

The Difference Between Complicity and Conspiracy

Each state's criminal statutes will vary, but typically if you take an active role in the planning of a crime, you could be charged with being part of a conspiracy. A conspirator agrees with others to commit a future crime, while an accomplice assists, in some way, in the actual commission of a crime. Unlike accomplices to a crime, conspirators can be guilty even if their plan is not completed. If it appears that conspiracy can also become complicity, it will typically be added to the charges as an included offense.

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