CONSPIRACY - Black's Law Dictionary

What is CONSPIRACY? Definition of CONSPIRACY in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

In criminal law.  A combination or confederacy between two or more persons formed for the  purpose of committing, by their joint efforts, some unlawful or criminal act,  or some act which  is innocent in itself, but becomes unlawful when done  by the concerted action of the conspirators, or for the purpose  of using criminal or unlawful means to the commission of an act not in itself  unlawful. Pettibone v. U. S., 148 U.S. 197, 13 S.Ct.  542, 37 L.Ed.  419; Mitchell v. Hitchman Coal  & Coke  Co., C.C.A.W.Va., 214 F. 685, 708; Hamilton v. Cooley,  184 N.E. 568, 571, 99 Ind.App. 1; Browning v. Browning, 226  Mo. App. 322, 41 S.W.2d 860, 868.

A combination, or an agreement between two or more persons, for accomplishing an unlawful end or a lawful end by unlawful means. 4 B. & Ad. 345;  Cumberland Telephone & Telegraph  Co. v. Stevens, D.C.Miss.,  274 F. 745, 746; Lauf v. E. G. Shinner  & Co., C.C.A.Wis., 82 F.2d 68, 72; Morrison v. Goodspeed, 100 Colo. 470, 68 P.2d 458, 464.

A partnership in criminal purposes. Marino v. United States, C.C.A.Cal., 91 F.2d 691, 113 A.L.R. 975.

The essence of "conspiracy" is an agreement, together with  an overt  act, to do an unlawful act, or do a lawful act in an unlawful manner. Cooper  v: O'Connor, 99 F.2d 135, 142, 69 App.D.C.  100, 118 A.L.R. 1440. Mere knowledge, acquiescence, approval,  or attempt on part of one to perpetrate illegal  act is insufficient. People v. Link,  365 Ill. 266, 6 N.E.2d 201.

A conspiracy may be a continuing one; actors may drop out,  and  others drop in; the  details of operation may change from  time  to time;  the members need  nit know each other or the part played  by others;  a member need not know all the details  of the plan or the operations; he must,  however, know  the purpose of the conspiracy and agree  to become a party to a plan to effectuate that purpose. Craig v. U. S., C.C.A.Cal., 81 F.2d 816, 822.

A consultation or agreement between two or more persons, either falsely  to accuse  another  of a crime punishable by law; or wrongfully to injure  or prejudice a third  person, or any body  of men,  in any manner ; or to commit any offense punishable by law;  or to do any act with  intent to prevent the course of justice; or to effect  a legal  purpose with a corrupt  intent, or by improper  means. Hawk. P.C. c. 72, 2; Archb.Crim.P1. 390, adding  also combinations  by journeymen to raise  wages. State  v. Murphy, 6 Ala. 765, 41 Am. Dec. 79.

Civil and Criminal  Conspiracies

The term "civil" is used to designate a conspiracy which will  furnish ground for a civil  action, as where, in carrying out the design of the conspirators, overt acts are done causing legal damage,  the person injured has  a right  of action. It is said  that  the gist of civil  conspiracy is the injury or damage. While criminal conspiracy does not  require such overt acts, yet,  so far  as the rights and  remedies are concerned, all criminal conspiracies are embraced within the civil  conspiracies. Martha Mills v. Moseley, 50 Ga.App. 536, 179 S.E. 159.

Accurately  speaking, there is no such thing as a civil action for conspiracy. The better view  is that  the damage sustained,  and not the conspiracy  is the gist of the action. The combination may be of no consequence except as bearing upon rules of evidence or the persons liable. Dahlquist v. Mattson, 40 Idaho, 378, 233 P. 883, 885.

The essence  of a "civil conspiracy" is a concert  or combination to defraud or cause other injury to person or property, which results in damage to the person or property of plaintiff. Conner v. Bryce, Sup., 170 N.Y.S. 94, 95.

More On This Topic: BOARD OF CIVIL AUTHORITY 

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