Is the definition of a conspiracy secret or a secret plan ?

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mikecartwright
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11 Oct 2011, 7:50 pm

Is the definition of a conspiracy secret or a secret plan ?

1.A secret plan by a group to do something unlawful or harmful

www.google.com... ie=UTF-8&sa=N&tab=iw#hl=en&sa=N&gbv=2&q=conspiracy&tbs=dfn:1&tbo=u&ei=uFSUTqCGNOWKsQLx_cHvAQ&ved=0CCYQkQ4&bav=on.2,or.r_gc.r_pw.,cf.osb&fp=d6b4e92255e 236a9&biw=1120&bih=548



ruveyn
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11 Oct 2011, 8:13 pm

mikecartwright wrote:
Is the definition of a conspiracy secret or a secret plan ?

1.A secret plan by a group to do something unlawful or harmful

www.google.com... ie=UTF-8&sa=N&tab=iw#hl=en&sa=N&gbv=2&q=conspiracy&tbs=dfn:1&tbo=u&ei=uFSUTqCGNOWKsQLx_cHvAQ&ved=0CCYQkQ4&bav=on.2,or.r_gc.r_pw.,cf.osb&fp=d6b4e92255e 236a9&biw=1120&bih=548


If the Plan is Secret how would you ever know?

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blauSamstag
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11 Oct 2011, 11:20 pm

The implication in contemporary use is that the conspirators are acting in secret.

But if we're going by the book, all that's required for a conspirator is more than 1 person working together.

This is, fwiw, why theories of vast conspiracy become increasingly improbable with each additional co-conspirator. In reality humans are no easier to herd than cats, especially humans who are willing to do nasty things to further their own interests.



blauSamstag
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11 Oct 2011, 11:21 pm

blauSamstag wrote:
The implication in contemporary use is that the conspirators are acting in secret.

But if we're going by the book, all that's required for a conspiracy is more than 1 person with the same aspiration.

This is, fwiw, why theories of vast conspiracy become increasingly improbable with each additional co-conspirator. In reality humans are no easier to herd than cats, especially humans who are willing to do nasty things to further their own interests.



ruveyn
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12 Oct 2011, 11:48 am

A first rate conspiracy is one that is so subtle and well guarded that no one knows that it ever happened.

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Last edited by ruveyn on 12 Oct 2011, 8:01 pm, edited 1 time in total.

visagrunt
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12 Oct 2011, 2:23 pm

Conspiracy is ably well defined in each jurisdicition's criminal law. In Canada, the definition is:

[quote="The Criminal Code R.S.C. 1985, c. C-46]21(2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.[/quote]

The necessary elements of conspiracy are:

1) two or more persons
2) formation of a common intent
3) to carry out an unlawful purpose and assist each other
4) any one of them commits an offence
5) while carrying out the common purpose.

Secrecy is not a necessary element of conspiracy, but it does require a member of the conspiracy to attempt to carry out the purpose and to commit an offence as a result.

If all you do, as a member of a group, is agree, "let's rob a bank!" and then walk into the bank together, no offence has occurred--and not conspiracy. But if one of you then creates a disturbance, then conspiracy is crystallized and all of you have committed the offence.


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