Washington Jury Instruction - Withdrawal From Conspiracy - For Use With General Conspiracy Charge
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FAQ
Withdrawal and Conspiracy In order to withdraw from a conspiracy, a co-conspirator must: Take an affirmative action withdrawing from the conspiracy; Timely communicate to all co-conspirators the withdrawal; and. Withdraw prior to the completion of the objective of the conspiracy.
A conspiracy charge is defined as an agreement between two or more people to commit a crime. The purpose of the agreement doesn't matter?it could be to rob a bank, kill someone, or just cause general mayhem. What matters here is that the parties involved knowingly agreed.
Effective conspiracy defense strategies can rely on proving that: You did not get involved in any agreement to commit a crime, so the conspiracy did not exist. You had no intent to commit a crime. You did not know the plan involved criminal activity. You withdrew your support from the conspiracy.
Specific intent still is necessary for a conspiracy conviction, although not for the substantive offense. The accused could not be convicted of conspiring to commit a crime unless the crime was intended, even if that crime was foreseeable.
Conspiracy requires two more people to be involved. An individual can't be convicted of federal conspiracy by conspiring alone. On the other hand, an attempt to commit a crime can be committed by a single individual. The attempt becomes a crime when the offender closely approaches committing the offense.
An example of a conspiracy charge could be two people that make an agreement to kill someone and buy the weapons to do it. They are charged with conspiracy, even if they never fully follow through on killing the person.
Like other inchoate crimes such as attempt, a defendant charged with conspiracy can raise the defense of abandonment or withdrawal. In order to do so, a defendant must show that they affirmatively communicated their withdrawal to their co-conspirators and took some positive action to withdraw from the conspiracy.
You must decide whether the conspiracy charged in the indictment existed, and, if it did, who at least some of its members were. If you find that the conspiracy charged did not exist, then you must return a not guilty verdict, even though you may find that some other conspiracy existed.