Mens Rea

Mens Rea of Conspiracy: dual intent.

  1. Intent to agree with another to commit a crime.
  2. Intent to achieve the criminal objective.

Conspiracy is a specific-intent crime—∆ must intend not just to agree, but also to bring about the specific consequences of the planned crime.

Conspiracy + Reckless or Negligent Crimes

  • Cannot conspire to commit a crime defined by recklessness or negligence (e.g., reckless manslaughter)—the specific intent required for conspiracy is logically irreconcilable with a mens rea defined by unintentional risk-taking.
  • See Colorado v. Palmer, 964 P.2d 524 (Colo. 1998).

Sellers, Buyers, and Knowing Assistance

  • Mere sellers and buyers are not automatically conspirators.
  • Sellers may conspire with buyers if they share criminal purpose. Where does mere sale end and conspiracy begin?
    • Direct evidence of agreement.
    • A "stake in the venture": special interest in the criminal activity.
    • No legitimate use for the product (or for that volume).
    • Aggravated nature/severity of the criminal activity.
  • See U.S. v. Blankenship, 970 F.2d 283 (1992).

Cases: