Conspiracy and Party to a Crime
John and Donald travel to a convenience store in Donald’s car. John says he wants to purchase a bottle of water and a honey bun. As he exits the car, John asks Donald if he needs anything. Donald says no. John places a mask over his face after he exits the car. John enters the store, pulls out a pistol, and demands that the store clerk give him all of the store’s money. The store clerk hands the money to John and also trips the secret alarm. John exits the store. He gets in the car and yells to Donald, “Go, go, go!” He tells Donald he just robbed the store. Donald panics and wants John to exit his car, but he drives John home and decides not to speak with John ever again.
John is later apprehended after using “marked” money from the robbery. The police charge him with the offenses of armed robbery and possession of stolen goods.
- Should Donald be charged as a conspirator or as a party to the crime? Why or why not? Would your answer be different if John gave Donald money in exchange for his silence? How so?
- Pretend that you are a law-enforcement officer. What facts establish John’s criminal intent for armed robbery and possession of stolen goods?
Answer preview
Donald should not be charged with being a conspirator or a party to the crime. In a conspiracy, individuals agree to perform illegal activities. Like any other activity of criminal nature, the two elements of men’s rea and actus rea must be proved. Donald had no intention of committing the offense of robbery. In a conversation with his friend John, Donald was convinced that the former was going to do nothing else other than directly buying a honey bun and a bottle of water. Donald only agreed to carry John to the convenience store using his car because he did not doubt the latter’s intent. When John came back to the car, he yelled at Donald and ordered him to start the car quickly…
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