LIBRARY REFERENCES
1991 Main Volume
Conspiracy k23, 51.
WESTLAW Topic No. 91.
C.J.S. Conspiracy Secs. 34, 35, 96.
ANNOTATIONS
NOTES OF DECISIONS
In general 2
Acts of conspirators, persons liable 13
Admissibility of evidence 22
Circumstantial evidence 23
Common law 3
Completion of the offense 11
Continuing offense 8
Contracts 15
Corporations 16
Covenants 17
Definition 4
Discrimination against particular buyers 18
Elements of offense 5-7
Elements of offense - In general 5
Elements of offense - Means 6
Elements of offense - Overt act 7
Evidence 21-24
Evidence - In general 21
Evidence - Admissibility of evidence 22
Evidence - Circumstantial evidence 23
Evidence - Weight and sufficiency of evidence 24
Furtherance of the offense 10
Indictment or information 20
Instructions 25
Knowledge of conspiracy, persons liable 14
Means, elements of offense 6
Multiple offenses 9
Overt act, elements of offense 7
Parties 19
Persons liable 12-14
Persons liable - In general 12
Persons liable - Acts of conspirators 13
Persons liable - Knowledge of conspiracy 14
Review 27
Validity of prior laws 1
Variance 26
Weight and sufficiency of evidence 24
1. Validity of prior laws
How. Sec. 9354j, making void all contracts containing an agreement to restrict free competition in the production or sale of any commodity produced by agriculture, was constitutional. Bingham v. Brands (1899) 77 N.W. 940, 119 Mich. 255.
2. In general
"Conspiracy" exists when two or more combine to do criminal act. People v. Roxborough (1944) 12 N.W.2d 466, 307 Mich. 575, certiorari denied 65 S.Ct. 80, 323 U.S. 749, 89 L.Ed. 600, rehearing denied 65 S.Ct. 127, 323 U.S. 815, 89 L.Ed. 648; People v. Knoll (1932) 242 N.W. 222, 258 Mich. 89.
There can be no ex post facto conspiracy to do that which has already been done. Popielarski v. Jacobson (1953) 59 N.W.2d 45, 336 Mich. 672.
In civil cases involving conspiracy, it is immaterial how diabolical the conspiracy is, if no damage results. Auto Workers' Temple Ass'n v. Janson (1924) 198 N.W. 992, 227 Mich. 430.
Many acts of persons in combination may be illegal which would not be illegal, if done by an individual. Baldwin v. Escanaba Liquor Dealers' Ass'n (1911) 130 N.W. 214, 165 Mich. 98.
3. Common law
Conspiracy to do an unlawful act was an indictable offense at the common law and there is no distinction between conspiracy to commit an act which was unlawful at the common law or is declared to be unlawful by statute. People v. Causley (1941) 300 N.W. 111, 299 Mich. 340.
The common law condemned a conspiracy directed toward illegal ends, whether the object of the agreement was to violate the common law or statute law. People v. Smith (1941) 295 N.W. 605, 296 Mich. 176.
Conspiracy to do an unlawful act was an indictable offense at the common law. People v. Fields (1939) 284 N.W. 685, 288 Mich. 166.
4. Definition
A "conspiracy" is a combination of two or more persons by concerted action to accomplish criminal or unlawful purpose, or to accomplish, by criminal or unlawful means some purpose not in itself criminal or unlawful. Saier v. State Bar of Mich., C.A.6 (Mich.)1961, 293 F.2d 756, certiorari denied 82 S.Ct. 388, 368 U.S. 947, 7 L.Ed.2d 343.
In Michigan, "conspiracy" is combination of two or more persons, by some concerted action, to accomplish a crime or unlawful purpose, or to accomplish a purpose not unlawful, but by crime and unlawful means. Studebaker Corp. v. Allied Products Corp., D.C.Mich.1966, 256 F.Supp. 173.
A "conspiracy" is a combination or agreement expressed or implied, between two or more persons, to commit illegal act, or to commit legal act in illegal manner, and gist of conspiracy is unlawful combination and agreement. People v. Nawrocki (1967) 150 N.W.2d 516, 6 Mich.App. 46, certiorari denied 88 S.Ct. 304, 389 U.S. 942, 19 L.Ed.2d 296.
5. Elements of offense--In general
Gist of conspiracy is agreement to do an act but it is not necessary that there be formal agreement. U.S. v. Toney, C.A.6 (Mich.)1975, 527 F.2d 716, certiorari denied 97 S.Ct. 107, 429 U.S. 838, 50 L.Ed.2d 104.
In Michigan the cause of action for conspiracy does not result from the conspiracy, but from the wrongful acts causing damage which were done in furtherance of the conspiracy. Krum v. Sheppard, D.C.Mich.1966, 255 F.Supp. 994, affirmed 407 F.2d 490.
The foundation of action for conspiracy is not the conspiracy, but the damages. Krum v. Sheppard, D.C.Mich.1966, 255 F.Supp. 994, affirmed 407 F.2d 490.
Elements required to establish civil conspiracy are the same as those required to establish criminal conspiracy. Schreiber v. Jacobs, D.C.Mich.1955, 128 F.Supp. 44.
Conspiracy conviction requires the establishment of dual intent: intent to commit the wrongful act and intent to enter into an agreement with another to commit the wrongful act. People v. Rocha (1981) 312 N.W.2d 657, 110 Mich.App. 1.
An agreement to conspire is the gravamen of the offense of conspiracy and the ultimate question for jury to determine. People v. Thomas (1967) 152 N.W.2d 166, 7 Mich.App. 519.
The gist of offense of conspiracy lies in the illegal agreement and it is not necessary to show that the purpose contemplated by the unlawful agreement was accomplished. People v. Asta (1953) 60 N.W.2d 472, 337 Mich. 590.
Root principle upon which law of conspiracy rests is a preconceived plan to unlawfully work some public or private wrong or injury by concerted action, originating in combination either carried out by joint action, or, at least, pursuant to a joint arrangement and understanding. Popielarski v. Jacobson (1953) 59 N.W.2d 45, 336 Mich. 672.
"Conspiracy" requires understanding or agreement to accomplish unlawful end or lawful end by unlawful means. People v. Tenerowicz (1934) 253 N.W. 296, 266 Mich. 276.
"Conspiracy" rests on plan being preconceived. Sobin v. Frederick (1926) 211 N.W. 71, 236 Mich. 501.
To establish a conspiracy, the evidence must authorize a reasonable inference of a joint assent of the minds of two or more persons to the prosecution of an unlawful enterprise. Veriden v. McLeod (1914) 146 N.W. 619, 180 Mich. 182.
6. ---- Means, elements of offense
In conspiracy prosecution, it need not appear that all of the parties got together and agreed upon means for accomplishment of the criminal act. People v. Roxborough (1943) 12 N.W.2d 466, 307 Mich. 575, certiorari denied 65 S.Ct. 80, 323 U.S. 749, 89 L.Ed. 600, rehearing denied 65 S.Ct. 127, 323 U.S. 815, 89 L.Ed. 648.
Indictment, where conspiracy charged is doing of unlawful act, need not set forth manner or means of accomplishment of such act. People v. Tenerowicz (1934) 253 N.W. 296, 266 Mich. 276.
In a complaint or information for conspiracy, it is not necessary to set forth the means resorted to. People v. Bird (1901) 86 N.W. 127, 126 Mich. 631.
In setting out a conspiracy to do an unlawful act, the means to be resorted to in order to accomplish it need not be alleged, such specific allegation only being required when the act to be done is lawful and the offense consists in combining to do it in an unlawful manner; in such a case such allegation becomes important to show the criminal or unlawful purpose. People v. Petheran (1887) 31 N.W. 188, 64 Mich. 252.
7. ---- Overt act, elements of offense
The overt act necessary to be proved in conspiracy cases is an act to effect the object of the conspiracy. Singer v. U.S., C.A.6 (Mich.)1953, 208 F.2d 477.
Proof of accomplishment of object of conspiracy is not necessary to conviction, if overt act in furtherance thereof was committed. Lewis v. U. S., 1926, 11 F.2d 745.
There need not be showing of overt act to support conviction of conspiracy. People v. Rosen (1969) 171 N.W.2d 488, 18 Mich.App. 457.
A cause of action may not be predicated on alleged conspiracy in absence of an act or acts by one or more of the conspirators in furtherance thereof. Chilton's, Inc. v. Wilmington Apartment Co. (1961) 112 N.W.2d 434, 365 Mich. 242.
In a civil action to recover for wrongful acts alleged to have been committed in pursuance of a conspiracy, gist or gravamen of action is not conspiracy but wrongful acts causing damage, and cause of action does not result from conspiracy but from acts done in pursuance thereof. Dunn v. Goebel Brewing Co. (1959) 99 N.W.2d 380, 357 Mich. 693.
Conspiracy, standing alone without commission of acts in pursuance thereof causing damage to plaintiff, is not actionable. Dunn v. Goebel Brewing Co. (1959) 99 N.W.2d 380, 357 Mich. 693.
8. Continuing offense
Once established, conspiracy may properly be found to continue until abandonment or purpose accomplished. Nyquist v. U.S., 1924, 2 F.2d 504, certiorari denied 45 S.Ct. 508, 267 U.S. 606, 69 L.Ed. 810.
A conspiracy to violate existing laws is usually a continuing offense, extending over some period of time, and prosecution may charge and prove offense in any part of such period. People v. Nawrocki (1967) 150 N.W.2d 516, 6 Mich.App. 46, certiorari denied 88 S.Ct. 304, 389 U.S. 942, 19 L.Ed.2d 296.
9. Multiple offenses
A single agreement to commit an offense does not become several conspiracies because it continues over a period of time, and there may be such a single continuing agreement to commit several offenses. Braverman v. U.S., U.S.Mich.1942, 63 S.Ct. 99, 317 U.S. 49, 87 L.Ed. 23.
TITLE 18 U.S. CODE SECTIONS 241 & 242
UNITED STATES CODE ANNOTATED
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 13--CIVIL RIGHTS
Current through P.L. 104-98, approved 1-16-96
Sec. 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured--
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
CREDIT(S)
1969 Main Volume
(June 25, 1948, c. 645, 62 Stat. 696; Apr. 11, 1968, Pub.L. 90-284, Title I, Sec. 103(a), 82 Stat. 75.)
1996 Pocket Part
(As amended Nov. 18, 1988, Pub.L. 100-690, Title VII, Sec. 7018(a), (b)(1), 102 Stat. 4396; Sept. 13, 1994, Pub.L. 103-322, Title VI, Sec. 60006(a), Title XXXII, Secs. 320103(a), 320201(a), Title XXXIII, Sec. 330016(1)(L), 108 Stat. 1970, 2109, 2113, 2147.)
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Reviser's Note
Based on Title 18, U.S.C., 1940 ed., Sec. 51 (Mar. 4, 1909, c. 321, Sec. 19, 35 Stat. 1092 [Derived from R.S. Sec. 5508] ).
Clause making conspirator ineligible to hold office was omitted as incongruous because it attaches ineligibility to hold office to a person who may be a private citizen and who was convicted of conspiracy to violate a specific statute. There seems to be no reason for imposing such a penalty in the case of one individual crime, in view of the fact that other crimes do not carry such a severe consequence. The experience of the Department of Justice is that this unusual penalty has been an obstacle to successful prosecutions for violations of the act.
Mandatory punishment provision was rephrased in the alternative.
Minor changes in phraseology were made. 80th Congress House Report No. 304.
1994 Amendments
Pub.L. 103-322, Sec. 320201(a), substituted "person in" for "inhabitant of" in the first paragraph.
Pub.L. 103-322, Secs. 60006(a), 32103(a), completely revised the third paragraph. Prior to revision the third paragraph read as follows; "They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life."
Pub.L. 103-322, Sec. 330016(1)(L), directed that "under this title" be substituted for "not more than $10,000" in the third paragraph. Amendment could not be executed in view of the earlier amendment pursuant to section 320103(a)(1) of Pub.L. 103-322.
1988 Amendment
Heading. Pub.L. 100-690, Sec. 7018(b)(1), struck out "of citizens" after "rights".
Text. Pub.L. 100-690, Sec. 7018(a), substituted "inhabitant of any State, Territory, or District" for "citizen".
1968 Amendment
Pub.L. 90-284 increased limitation on fines from $5,000 to $10,000 and provided for imprisonment for any term of years or for life when death results.
Legislative History
For legislative history and purpose of Pub.L. 90-284, see 1968 U.S.Code Cong. and Adm.News, p. 1837.
For legislative history and purpose of Pub.L. 100-690, see 1988 U.S. Code Cong. and Adm. News, p. 5937. See, also, Pub.L. 103-322, 1994 U.S. Code Cong. and Adm. News, p. 1801.
REFERENCES
CROSS REFERENCES
Action for neglect to prevent, see 42 USCA Sec. 1986.
Conspiracy to commit offense or to defraud United States, see 18 USCA Sec. 371.
Conspiracy to interfere with civil rights, see 42 USCA Sec. 1985.
Proceedings in vindication of civil rights, see 42 USCA Sec. 1988.
FEDERAL SENTENCING GUIDELINES
See Secs. 2H1.1, 2H2.1.
FEDERAL JURY PRACTICE AND INSTRUCTIONS
Conspiracy to kill witness, see Devitt and Blackmar Sec. 27.02 Notes.
Essential elements, see Devitt and Blackmar Sec. 42.03 Notes.
Freedom from coerced confessions, see Devitt and Blackmar Sec. 27.04 Notes.
Verdict--lesser included offense, see Devitt and Blackmar Sec. 18.05 Notes.
WEST'S FEDERAL PRACTICE MANUAL
Voting rights, see Sec. 12281 et seq.
LAW REVIEW COMMENTARIES
Constitutional limits on using civil remedies to achieve criminal objectives: Understanding and transcending the criminal-civil law distinction. Mary M. Cheh, 42 Hastings L.J. 1325 (1991).
Criminalization of employer fraud against alien employees? A national priority. Roshani M. Gunewardene, 25 New Eng.L.Rev. 795 (1991).
Parallel remedies and increased enforcement of the Americans with Disabilities Act. Edward Sadowsky, 46 Lab.L.J. 214 (April 1995).
Section 241 and the First Amendment: Avoiding a false conflict through proper mens rea analysis. Note, 43 Duke L.J. 625 (1993).
"Why me?": Application and misapplication of Sec. 3A1.1, the "vulnerable victim" enhancement of the federal sentencing guidelines. 79 Cornell L.Rev. 143 (1993).
LIBRARY REFERENCES
Conspiracy k34.
C.J.S. Conspiracy Sec. 62.
ANNOTATIONS
NOTES OF DECISIONS
Generally 7
Admissibility of evidence 47
Argument of counsel 51
Bill of particulars 38
Burden of proof 45
Citizens protected 8
Citizenship, allegations in indictment or information 33
Civil liability and action 57
Coercion 25b
Constitutionality 2
Construction 3, 4
Construction - With other laws 4
Contractual rights protected 11
Cross-examination 48
Decrees, enforcement rights protected 14
Definiteness
UNITED STATES CODE ANNOTATED
TITLE 18. CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 13--CIVIL RIGHTS
Current through P.L. 104-98, approved 1-16-96
Sec. 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
CREDIT(S)
1969 Main Volume
(June 25, 1948, c. 645, 62 Stat. 696; Apr. 11, 1968, Pub.L. 90-284, Title I, Sec. 103(b), 82 Stat. 75.)
1996 Pocket Part
(As amended Nov. 18, 1988, Pub.L. 100-690, Title VII, Sec. 7019, 102 Stat. 4396; Sept. 13, 1994, Pub.L. 103-322, Title VI, Sec. 60006(b), Title XXXII, Secs. 320103(b), 320201(b), Title XXXIII, Sec. 330016(1)(H), 108 Stat. 1970, 2109, 2113, 2147.)
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
Reviser's Note
Based on Title 18, U.S.C., 1940 ed., Sec. 52 (Mar. 4, 1909, c. 321, Sec. 20, 35 Stat. 1092 [Derived from R.S. Sec. 5510] ).
Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in Sec. 2 of this title.
A minor change was made in phraseology. 80th Congress House Report No. 304.
1994 Amendments
Pub.L. 103-322, Secs. 60006(b), 320103(b), 320201(b), amended section generally. Prior to amendment section read as follows: "Whoever, under color of any law, statute, ordinance regulations, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results, shall be subject to imprisonment for any term of years or for life."
Pub.L. 103-322, Sec. 330016(1)(H), directed that, in text, the phrase "under this title" be substituted for the phrase "not more than $1,000" after "punishment of citizens, shall be fined". The amendment could not be executed due to the prior identical amendment by section 320103(b)(1) of Pub.L. 103-322.
1988 Amendment
Pub.L. 100-690 inserted "and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both;" after "or both;".
1968 Amendment
Pub.L. 90-284 provided for imprisonment for any term of years or for life when death results.
Legislative History
For legislative history and purpose of Pub.L. 90-284, see 1968 U.S.Code Cong. and Adm.News, p. 1837.
For legislative history and purpose of Pub.L. 100-690, see 1988 U.S. Code Cong. and Adm. News, p. 5937. See, also, Pub.L. 103-322, 1994 U.S. Code Cong. and Adm. News, p. 1801.
REFERENCES
CROSS REFERENCES
Civil action for deprivation of rights, see 42 USCA Sec. 1983.
Equal rights under the law, see 42 USCA Sec. 1981.
Misdemeanors tried by United States magistrates as excluding offenses punishable under this section, see 18 USCA Sec. 3401.
Proceedings in vindication of civil rights, see 42 USCA Sec. 1988.
FEDERAL SENTENCING GUIDELINES
See Secs. 2H1.4, 2H2.1.
FEDERAL PRACTICE AND PROCEDURE
Construction of under color of law by courts, see Wright, Miller & Cooper: Jurisdiction Sec. 3573.
FEDERAL JURY PRACTICE AND INSTRUCTIONS
Civil rights--deprivation under color of state law, see Devitt and Blackmar Sec. 27.01 et seq.
WEST'S FEDERAL PRACTICE MANUAL
Civil liability of local officials, see Sec. 12124.
Voting rights, see Sec. 12281 et seq.
CRIMINAL PROCEDURE
Illegally seized evidence, exclusionary rule, see LaFave and Israel Sec. 3.1.
CRIMINAL LAW DEFENSES
Mistake or ignorance of law as defense, see Robinson Sec. 62.
LAW REVIEW COMMENTARIES
Balancing the Fourth Amendment scales: The bad-faith "exception" to exclusionary rule limitations. George C. Thomas III, and Barry S. Pollack, 45 Hastings L.J. 21 (1993).
Criminalization of employer fraud against alien employees? A national priority. Roshani M. Gunewardene, 25 New Eng.L.Rev. 795 (1991).
Decertification of police: An alternative to traditional remedies for police misconduct. Roger Goldman and Steven Puro, 15 Hast.Const.L.Q. 51 (1987).
LIBRARY REFERENCES
C.J.S. Civil Rights Sec. 3.
ANNOTATIONS
NOTES OF DECISIONS
Generally 4
Admissibility of evidence 27
Amendment of indictment 19
Arrest, deprivation of rights 10
Assault and battery, deprivation of rights 11
Bill of particulars 22
Bodily injury 45
Burden of proof 26a
Civil remedies 37
Color of law 6
Conspiracy 16
Constitutionality 1
Construction with other laws 2
Contraband 39
Cross-examination 29a
Defenses 24
Deprivation of rights 9-15
Deprivation of rights - Generally 9
Deprivation of rights - Arrest 10
Deprivation of rights - Assault and battery 11
Deprivation of rights - Education 12
Deprivation of rights - Elections 13