Age 18, decided t


Did Alan form a conspiracy with Brian to burn the shed?



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October 2010 Q 3 Criminal Law
Did Alan form a conspiracy with Brian to burn the shed?
Conspiracy is an agreement between two or more people for unlawful purpose. The majority of jurisdiction requires an overt act beyond mere agreement. At common law the agreement alone is enough.
Here, Alan lays his plan to burn the athletic shed at the high school, to Brian and asks him to drive him to the high school so he can burn it. Brian and Alan formed an agreement, because Brian agreed to drive him. However, Brian said that he does not want to have anything to do with the burning showing lack of intent for the crime to be committed. Even so, he agrees with Alan that will drive him to the school. That is an aid to commit a crime. Further, Brian offered a cigarette lighter to Alan with an intent that Alan burns the shed, because he tells him “ Get this over with so we can get out of here.” Here, Brian agrees with Alan to commit arson. The requirement for an overt act is satisfied by the fact that Brian provided Alan with a lighter to burn the shed.
Therefore there is a conspiracy to commit arson between Brian and Alan.

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