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Conspiracy Liability
I was Charged With Being a Conspirator. What Does That Mean?
Elements of conspiracy are: (1) an agreement, express or implied, between two or more persons; (2) to commit an illegal act; or (3) to commit a legal act unlawfully.
Conspiracy occurs when an agreement to commit an act is made. According to Michigan courts, a conspirator must do more than merely agree. A conspirator must intend to further promote or cooperate in the criminal enterprise.
Michigan is one of the least friendly states when it comes to the issue of conspirator liability. Here is an example:
A was friends with B and C. B and C wanted to kill D. B and C convince A to help them and A looks up D’s address on Google Maps. Looking up the address was all that A did. A feel bad about this, does not participate in the crime and tries to convince B and C to not kill D. B and C kill D without the assistance of A. A can still be charged with first degree murder as he was involved in the planning or preparation of the crime and therefore, he is a co-conspirator. Something as simple of this can lead A to a charge of first-degree murder.
