1. THREE ROLES OF CONSPIRACY
Conspiracy may be used:
• as a type of inchoate liability
• as a substantive offense
• as a procedural advantage

2. PINKERTON DOCTRINE
• treats conspiracy like complicity (accomplice
liability)
• allows a conspirator to be liable for the
substantive offenses committed by other
conspirators in furtherance of the conspiracy
beyond what the actor agreed to

3. WHARTON’S RULE
• prohibits conspiracy liability for offenses that
necessarily involve group agreement
• exists only as to convictions

4. AGREEMENT
• must exist among the conspirators U.S. v.
Falcone 311 U.S. 205, 210 (1940).
–common law approach: bilateral
agreement or “meeting of the minds”
–modern approach: unilateral
agreement

5. OVERT ACT
–act need not qualify as an element of
the substantive offense
– does not have to be illegal
–proof of any overt act taken by any
party in pursuance of the
conspiracy, is enough to prosecute all
parties to the conspiracy