I'm obviously not relaying present legal conventions. I'm giving my view, which is different than present legal conventions (and not at all just on this issue).baker wrote: ↑December 29th, 2020, 10:28 amThis is the type of decontextualized moral reasoning they had in the Old West.Terrapin Station wrote: ↑December 29th, 2020, 9:20 amSo, for example, the person who decided and carried out the act of murder, rather than a person who hired them to carry out the murder.
Things are different now:
But you seem to be saying that only the person who pulled the trigger is guilty?United States
Conspiracy has been defined in the United States as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions.[22][23] A conspiracy does not need to have been planned in secret to meet the definition of the crime.
Conspiracy law usually does not require proof of specific intent by the defendants to injure any specific person to establish an illegal agreement. Instead, usually the law requires only that the conspirators have agreed to engage in a certain illegal act.
In most U.S. jurisdictions, for a person to be convicted of conspiracy, not only must he or she agree to commit a crime, but at least one of the conspirators must commit an overt act (the actus reus) in furtherance of the crime.[24] However, in United States v. Shabani the U.S. Supreme Court ruled that this "overt act" element is not required under the federal drug conspiracy statute, 21 U.S.C. section 846.
The conspirators can be guilty even if they do not know the identity of the other members of the conspiracy.[25]
California criminal law is somewhat representative of other jurisdictions. A punishable conspiracy exists when at least two people form an agreement to commit a crime,[26] and at least one of them does some act in furtherance to committing the crime.[27] Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself.[26]
One example of this is the Han twins murder conspiracy case, where one twin sister attempted to hire two youths to have her twin sister killed.
One important feature of a conspiracy charge is that it relieves prosecutors of the need to prove the particular roles of conspirators. If two persons plot to kill another (and this can be proven), and the victim is indeed killed as a result of the actions of either conspirator, it is not necessary to prove with specificity which of the conspirators actually pulled the trigger. (Otherwise, both conspirators could conceivably handle the gun, leaving two sets of fingerprints and then demand acquittals for both, based on the fact that the prosecutor would be unable to prove, beyond a reasonable doubt, which of the two conspirators pulled the trigger.) A conspiracy conviction requires proof that (a) the conspirators did indeed conspire to commit the crime, and (b) the crime was committed by an individual involved in the conspiracy. Proof of which individual it was is usually not necessary.
https://en.wikipedia.org/wiki/Conspirac ... _to_murder
My view isn't "decontextualized" by the way.