![]() ![]() Therefore, circumstantial evidence is allowed, and indeed is prevalent, when trying to prove the state of mind of a defendant. This allowance is, of course necessary, as it would be almost impossible to actually show what was going through the defendant's mind at any given time. In other words, the prosecution can prove intent by demonstrating that the defendant was going to benefit, either financially or otherwise, if the object of the conspiracy was successfully carried out. Please note that, many times, the prosecution will prove the requisite intent by showing that the defendant had a stake in the venture he was planning with his co-conspirators. In this situation, Clay is not guilty of conspiracy because, although he intended to agree with Rubin, he did not intend to accomplish the objective of the conspiracy when he made the agreement. Clay agrees to help Rubin but, in his mind, Clay plans on turning Rubin in to the police before the robbery actually takes place. Rubin asks Clay if he will work with Rubin to rob the First National Bank of Hollywood. In other words, in order for the men’s rea requirement to be satisfied, the defendant must intend to form an agreement with others to commit a crime and, at the time the defendant made the agreement, he must have intended to do what he would need to do in order to bring about the objective of the conspiracy (ie. The second prong is that the defendant must have intended to accomplish the objective of the conspiracy when he entered into the agreement. The first prong is that the defendant must have actually intended to agree to commit a crime. The first requirement is the men’s rea requirement which actually has two prongs. However, there are several requirements that must be met in order for a defendant to have actually committed the crime of conspiracy. In its most basic sense, a conspiracy is simply an agreement between two or more people to commit a crime. An agreement between two or more people to commit a criminal act.Īn act taken by one of the parties of a conspiracy in furtherance of one or more of the criminal objectives of the conspiracy. ![]()
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