The Illustrated Guide to Criminal Law
Chapter 10: We’ll All Go Down Together
Conspiracy pg 30: A Conspiracy of One
Now what about Dr. Synthcore and the Suit?
Vignette of Synthcore meeting with the federal agent and getting arrested
Remember, Dr. S. thought he was conspiring with another criminal, but in fact it was a federal agent. The agent wasn’t really agreeing to the crime, just pretending. Can Dr. S. be charged with conspiracy anyway?
Is there such a thing as a conspiracy of one?
Average Joe looking sad
AVERAGE JOE
Yes.
Although some states still follow the old common law rule requiring two real conspirators, most jurisdictions these days will let Dr. S. be charged with Conspiracy, under the thinking that he at any rate had agreed to commit the crime.