Criminal Law

Conspiracy v

Although usually an accomplice is a conspirator, conspiracy differs from accomplice liability in several ways:

• Conspiracy does not require an overt act by the defendant; accomplice liability does.
• Conspiracy is a distinct offense; accomplice liability is a method of liability for the accomplished offense.
  • Pinkerton liability allows holding conspirators liable as well however.
• Conspiracy does not require an attempt an to aid; accomplice liability does require assistance.
• Under the Model Penal Code, conspiracy requires that additional crimes be planned beyond what was carried out.
• Conspiracy requires an agreement; accomplice liability does not.