Romanoffia
Garde à l'eau!
Before I actually attempt to write an amendment for consideration -
Section 1.7. Conspiracy currently reads:
2
This definition of Conspiracy is incorrect for a number of reasons due to the actual definition of Conspiracy which is:
Conspiracy requires two or more participants in agreement to commit and illegal act, an intent to actually commit an overt act to further the agreement, and that act must be illegal in a statutory sense.
This is a fairly narrow definition and would correct the erroneous definition we currently use for Conspiracy which is confusion and somewhat contradictory in nature (you cannot have a conspiracy of one as the current law defines it).
Any suggestions on a way to word a correction to this section that works well for the context of TNP?
Section 1.7. Conspiracy currently reads:
2
2. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.
This definition of Conspiracy is incorrect for a number of reasons due to the actual definition of Conspiracy which is:
Conspiracy comprises of "an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal. It also require an overt act toward furthering the agreement. An overt act is a statutory requirement, not a constitutional one..... The illegal act is the conspiracy's target offense."
(See Whitfield v. United States, 453 U.S. 209 (2005). The illegal act is the conspiracy's "target offense."
Conspiracy requires two or more participants in agreement to commit and illegal act, an intent to actually commit an overt act to further the agreement, and that act must be illegal in a statutory sense.
This is a fairly narrow definition and would correct the erroneous definition we currently use for Conspiracy which is confusion and somewhat contradictory in nature (you cannot have a conspiracy of one as the current law defines it).
Any suggestions on a way to word a correction to this section that works well for the context of TNP?