What is the test for conspiracy and other elements of the crime?
MultiRegion, United States of America
The following excerpt is from U.S. v. Jerez, 935 F.2d 276 (9th Cir. 1991):
We now turn to the conspiracy convictions. To convict for the crime of conspiracy, the jury had to find three elements: (1) an agreement to accomplish an illegal objective, (2) one or more overt acts taken in furtherance of that illegal objective, and (3) the requisite intent to commit the underlying substantive offense. United States v. Ray, 920 F.2d 562, 566 (9th Cir.1990), cert. denied, 111 S.Ct. 1084 (1991).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
What are the elements of the substantive crime and the conspiracy crime? (MultiRegion, United States of America)
Is a defendant who committed both enhancing elements of the elements of second-degree robbery and possession of a firearm an enhanced element of the crime? (MultiRegion, United States of America)
Does a finding that a defendant possessed a firearm during the commission of a narcotics crime offense for the purposes of a conspiracy to manufacture and supply a firearm for the purpose of carrying out the crime? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What is the test for setting out the elements of a conspiracy to commit an overt act against every member of the conspiracy? (MultiRegion, United States of America)
Does a judge's refusal to correct his supplemental instructions to include "willful membership" as an element of the crime of conspiracy be grounds for reversal of a conviction? (MultiRegion, United States of America)
Is there any case law in which a RICO conspiracy is not a crime of violence even though one of the charged predicate acts is a conspiracy to commit murder? (MultiRegion, United States of America)
Is the date of an alleged crime not an element of the crime? (MultiRegion, United States of America)
What are the elements of conspiracy and what is the test for conspiracy? (MultiRegion, United States of America)
