Under common law, does conspiracy require two guilty minds?

Under common law, does conspiracy require two guilty minds?

• A. Common Law: Yes
• B. Common Law: No
• C. NY: Yes
• D. NY: No

Answer: (B)

Conspiracy is about the meeting of minds to commit a crime, not about two people each having separate, independent guilty minds of the underlying act. Under common law, the offense is established by an agreement between two or more persons to commit a criminal objective and the intent to join that agreement. The other conspirator doesn’t have to have proven guilt in a separate crime; their participation can be with a real partner or even with a government agent acting as a participant. So you don’t need two independently guilty minds to convict—the critical point is the agreement and the intent to participate in it.

Conspiracy is about the meeting of minds to commit a crime, not about two people each having separate, independent guilty minds of the underlying act. Under common law, the offense is established by an agreement between two or more persons to commit a criminal objective and the intent to join that agreement. The other conspirator doesn’t have to have proven guilt in a separate crime; their participation can be with a real partner or even with a government agent acting as a participant. So you don’t need two independently guilty minds to convict—the critical point is the agreement and the intent to participate in it.