Talk:Criminal conspiracy: Difference between revisions
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{{old move|date=3 November 2022|destination=conspiracy in criminal law|result=moved to "[[criminal conspiracy]]" and "[[civil conspiracy]]"|link=Special:Permalink/1120918960#Requested move 3 November 2022}} |
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== Some issues with the article to fix == |
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== A European view == |
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First, the article only briefly mentions in passing how most European countries (outside the U.K.) do not traditionally recognize the crime of "criminal conspiracy", and even now only do so AFAIK in some limited situations relating to international law not under their respective domestic laws. We should make this fact more prominent in the article and if possible (as in reliable sources can be found on the subject) discuss why they have largely rejected having a laws relating to "crime conspiracy". Second, someone correct me if I'm wrong, but I believe that for a criminal conspiracy to have taken places Both U.K. and U.S. law that their needs to the actual intent at some point to commit a crime by the all those involved and that so long as the intent was there at some point then even if no further steps ever take place to follow through it's still a crime. This means that it would not be a "crime of conspiracy" if a group of people sat around discussing hypothetically how they might commit a crime together such as say robing a bank but with the clear understanding during the whole discussion that they would never actually go through with the crime in real life. Now of course I'm not sure how conspiracy law would apply where one person mistakenly thought the another person was serious about committing a crime together, while the other simply took it as a hypothetical or joke with no intent of committing said crime, such as in the plot to Alfred Hitchcock's film "Strangers on a Train" (I'm assuming here that because not all parties did not actually "an agreement" even if one mistakenly thought so that only the one who followed through would be guilty under U.K. and U.S. law (if that's not the case then let's clarify that in the article.). Basically, we could be more clear in the article that "an agreement" in this context does not include simply a "hypothetical plan" since no Mens rea is present given that there was never any actually "agreement that a course of conduct be pursued" merely hypothesizing as to what said "course of action" might look like if they ever were serious about committing such a crime. --[[User:Notcharliechaplin|Notcharliechaplin]] ([[User talk:Notcharliechaplin|talk]]) 16:05, 29 December 2018 (UTC) |
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I can see the argument for this, but to me it looks like: |
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== Ekibastuz Kokshetsu 1150 kv transmission line == |
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a) prosecution of precrime - ie. for things which have yet to occur and that once prevented, will not. Sanction against non-events?! |
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b) having the sanction against an offence increased by addition of extra charges of conspiracy as if it made it worse simply because it involved the agreement of others. Why is 10 people together prosecuted as 20 crimes, where 10 people separately is 10 crimes? |
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== Contradiction in the intro == |
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The lead seems to include a direct contradiction. It first says a conspiracy “may require that at least one [[overt act]] be undertaken in furtherance of that agreement, to constitute an [[Criminal offense|offense]]”. It then almost immediately says that no steps need be taken in furtherance of the plan to constitute one. These both cannot be true. It goes on to mention acteus reus, but not in a way that resolves the conflict. In American law, some act would need to be committed, as opposed to just guys talking about doing something. [[User:Sychonic|Sychonic]] ([[User talk:Sychonic|talk]]) 11:30, 13 July 2022 (UTC) |
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:It is better described as being prosecuted for attempted events rather than non-events. Britain and the USA do not accept the assassin being a bad shoot as a valid excuse for letting the man who paid him go free. |
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: You're creating an unnecessary problem by leaving out the words "in most countries". They are there for a reason. In many countries, ''[[mens rea]]'' (the guilty mind) is a crime, even before any act to carry out the plan. Planning to break the law is always wrong everywhere, and in those countries the mere planning is punishable. |
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: In religious history it goes to what Jesus said on the [[Sermon on the Mount]], specifically ([[Matthew 5:21]] & [[Matthew 5:22|22]]: Jesus says that anger leads to murder, and anger is just as bad as murder itself. It is what's in the heart that really counts. Note the current situation, where angry, young, white men commit so many mass shootings. Anger and guns are a bad combination, and they are getting riled up and made angry by conservative conspiracy theorists and politicians who legislate to make sure they can be armed with the most lethal weapons. -- [[User:Valjean|Valjean]] ([[User talk:Valjean|talk]]) ('''''[[Help:Notifications|PING me]]''''') 16:08, 13 July 2022 (UTC) |
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== Requested move 3 November 2022 == |
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:It is not "Why is 10 people together prosecuted as 20 crimes, <I>where 10 people separately is 10 crimes</I>?" but 10 people separately as <B>9 crimes</B>. The gang leader who gave the orders could get off if he stayed at home rather than say entering the bank since he did not actually committed robbery. Conspiracy is a crime for imprisoning bosses. Also gangs are much more dangerous than individuals so gang members need punishing for committing crimes as a group. [[User:Andrew Swallow|Andrew Swallow]] ([[User talk:Andrew Swallow|talk]]) 17:09, 3 January 2011 (UTC) |
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:''The following is a closed discussion of a [[Wikipedia:Requested moves|requested move]]. <span style="color:red">'''Please do not modify it.'''</span> Subsequent comments should be made in a new section on the talk page. Editors desiring to contest the closing decision should consider a [[Wikipedia:move review|move review]] after discussing it on the closer's talk page. No further edits should be made to this discussion. '' |
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The result of the move request was: '''moved to [[criminal conspiracy]] and [[civil conspiracy]].''' per discussion consensus, [[WP:NATDIS]], and consensus-via-compromise. <small>([[Wikipedia:Requested moves/Closing instructions#Closure by a page mover|closed by non-admin page mover]])</small> — [[User:Shibbolethink|<span style="color: black">Shibboleth</span><span style="color: maroon">ink</span>]] <sup>([[User talk:Shibbolethink|♔]]</sup> <sup>[[Special:Contributions/Shibbolethink|♕]])</sup> 22:03, 10 November 2022 (UTC) |
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(I'm not entirely sure how to change things, but some of the English material on conspiracy seems manifestly wrong. For example, in the discussion of mens rea, it seems to be discussing American law? Further, it says that there needs to be agreement on all the major points (for the actus reus). I would contend that R v Nock says just the opposite; ie that all points need not be decided, rather only an agreement that the offence be committed needs to be reached. This must be beyond mere negotiation (R v Walker). <span style="font-size: smaller;" class="autosigned">—Preceding [[Wikipedia:Signatures|unsigned]] comment added by [[Special:Contributions/86.161.91.241|86.161.91.241]] ([[User talk:86.161.91.241|talk]]) 10:37, 13 April 2011 (UTC)</span><!-- Template:UnsignedIP --> <!--Autosigned by SineBot--> |
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---- |
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* [[:conspiracy (criminal)]] → {{no redirect|conspiracy in criminal law}} |
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I have amended & updated some parts of this page which deal with the law in England & Wales to exclude material which actually does not relate to England & Wales, to update statutory references, to remove contentious material, and to expand the discussion of mens rea. [[User:DavidwinchUK|DavidwinchUK]] ([[User talk:DavidwinchUK|talk]]) 12:44, 20 August 2014 (UTC) |
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* [[:conspiracy (civil)]] → {{no redirect|conspiracy in civil law}} |
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– "Natural disambiguation that is unambiguous, commonly used, and clear is generally preferable to parenthetical disambiguation"; the proposed titles are more precise, easily understood, as well as less awkward than the current title. I would also support [[civil conspiracy]] and [[criminal conspiracy]]. ([[User talk:Buidhe|t]] · [[Special:Contributions/Buidhe|c]]) '''[[User:buidhe|<span style="color: black">buidhe</span>]]''' 06:37, 3 November 2022 (UTC) |
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== Craig v U.S. == |
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*'''Support''' per nom.--[[User:Ortizesp|Ortizesp]] ([[User talk:Ortizesp|talk]]) 15:42, 3 November 2022 (UTC) |
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*'''Support'''. makes sense. [[User:Ebbedlila|Ebbedlila]] ([[User talk:Ebbedlila|talk]]) 17:21, 3 November 2022 (UTC) |
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A conspiracy may be a continuing one; actors may drop out and others may drop in; the details of operation may change from time to time; the members need not know each other or the part played by others; a member may not need to know all the details of the plan of the operation; he must, however, know the purpose of the conspiracy and agree to become a party to a plan to effectuate that purpose [Craig U.S.C.C.A.Cal., 81 F.2d 816, 822]. <span style="font-size: smaller;" class="autosigned">—Preceding [[Wikipedia:Signatures|unsigned]] comment added by [[Special:Contributions/71.35.100.45|71.35.100.45]] ([[User talk:71.35.100.45|talk]]) 07:34, 3 March 2011 (UTC)</span><!-- Template:UnsignedIP --> <!--Autosigned by SineBot--> |
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*'''Support''' per nom. [[User:Shwcz|Shwcz]] ([[User talk:Shwcz|talk]]) 03:45, 8 November 2022 (UTC) |
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*'''Support''' [[Criminal conspiracy]] and [[Civil conspiracy]] per [[WP:NATDIS]]. The terms are often used and already redirect to these articles. -- [[User:Necrothesp|Necrothesp]] ([[User talk:Necrothesp|talk]]) 14:43, 9 November 2022 (UTC) |
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==Worldwide view== |
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<div style="padding-left: 1.6em; font-style: italic; border-top: 1px solid #a2a9b1; margin: 0.5em 0; padding-top: 0.5em">The discussion above is closed. <b style="color: #FF0000;">Please do not modify it.</b> Subsequent comments should be made on the appropriate discussion page. No further edits should be made to this discussion.</div><!-- from [[Template:Archive bottom]] --> |
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I am removing the worldwide view citation. The reason is clear: conspiracy is descended from English common law, and it does not exist in European civil law and the Napoleonic code. As a result, a "worldwide view" as defined by the wikipedia template is essentially unattainable. <small><span class="autosigned">— Preceding [[Wikipedia:Signatures|unsigned]] comment added by [[User:TotalFailure|TotalFailure]] ([[User talk:TotalFailure|talk]] • [[Special:Contributions/TotalFailure|contribs]]) 05:40, 23 May 2012 (UTC)</span></small><!-- Template:Unsigned --> <!--Autosigned by SineBot--> |
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==Han Twin Murder Conspiracy== |
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While this article does contain the hyperlink to the Han Conspiracy wiki entry, I think the article would be better served if it expanded upon the reason this case is referenced. Also, if other cases were also referenced, as there are many more well-known cases that can stand as examples of the rule of law. [[User:Kelelain|Kelelain]] ([[User talk:Kelelain|talk]]) 16:50, 12 October 2012 (UTC) |
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On 3 November 2022, it was proposed that this article be moved to conspiracy in criminal law. The result of the discussion was moved to "criminal conspiracy" and "civil conspiracy". |
Some issues with the article to fix
[edit]First, the article only briefly mentions in passing how most European countries (outside the U.K.) do not traditionally recognize the crime of "criminal conspiracy", and even now only do so AFAIK in some limited situations relating to international law not under their respective domestic laws. We should make this fact more prominent in the article and if possible (as in reliable sources can be found on the subject) discuss why they have largely rejected having a laws relating to "crime conspiracy". Second, someone correct me if I'm wrong, but I believe that for a criminal conspiracy to have taken places Both U.K. and U.S. law that their needs to the actual intent at some point to commit a crime by the all those involved and that so long as the intent was there at some point then even if no further steps ever take place to follow through it's still a crime. This means that it would not be a "crime of conspiracy" if a group of people sat around discussing hypothetically how they might commit a crime together such as say robing a bank but with the clear understanding during the whole discussion that they would never actually go through with the crime in real life. Now of course I'm not sure how conspiracy law would apply where one person mistakenly thought the another person was serious about committing a crime together, while the other simply took it as a hypothetical or joke with no intent of committing said crime, such as in the plot to Alfred Hitchcock's film "Strangers on a Train" (I'm assuming here that because not all parties did not actually "an agreement" even if one mistakenly thought so that only the one who followed through would be guilty under U.K. and U.S. law (if that's not the case then let's clarify that in the article.). Basically, we could be more clear in the article that "an agreement" in this context does not include simply a "hypothetical plan" since no Mens rea is present given that there was never any actually "agreement that a course of conduct be pursued" merely hypothesizing as to what said "course of action" might look like if they ever were serious about committing such a crime. --Notcharliechaplin (talk) 16:05, 29 December 2018 (UTC)
Ekibastuz Kokshetsu 1150 kv transmission line
[edit]Please talk this topic 79.121.73.241 (talk) 06:41, 16 April 2022 (UTC)
Contradiction in the intro
[edit]The lead seems to include a direct contradiction. It first says a conspiracy “may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense”. It then almost immediately says that no steps need be taken in furtherance of the plan to constitute one. These both cannot be true. It goes on to mention acteus reus, but not in a way that resolves the conflict. In American law, some act would need to be committed, as opposed to just guys talking about doing something. Sychonic (talk) 11:30, 13 July 2022 (UTC)
- You're creating an unnecessary problem by leaving out the words "in most countries". They are there for a reason. In many countries, mens rea (the guilty mind) is a crime, even before any act to carry out the plan. Planning to break the law is always wrong everywhere, and in those countries the mere planning is punishable.
- In religious history it goes to what Jesus said on the Sermon on the Mount, specifically (Matthew 5:21 & 22: Jesus says that anger leads to murder, and anger is just as bad as murder itself. It is what's in the heart that really counts. Note the current situation, where angry, young, white men commit so many mass shootings. Anger and guns are a bad combination, and they are getting riled up and made angry by conservative conspiracy theorists and politicians who legislate to make sure they can be armed with the most lethal weapons. -- Valjean (talk) (PING me) 16:08, 13 July 2022 (UTC)
Requested move 3 November 2022
[edit]- The following is a closed discussion of a requested move. Please do not modify it. Subsequent comments should be made in a new section on the talk page. Editors desiring to contest the closing decision should consider a move review after discussing it on the closer's talk page. No further edits should be made to this discussion.
The result of the move request was: moved to criminal conspiracy and civil conspiracy. per discussion consensus, WP:NATDIS, and consensus-via-compromise. (closed by non-admin page mover) — Shibbolethink (♔ ♕) 22:03, 10 November 2022 (UTC)
– "Natural disambiguation that is unambiguous, commonly used, and clear is generally preferable to parenthetical disambiguation"; the proposed titles are more precise, easily understood, as well as less awkward than the current title. I would also support civil conspiracy and criminal conspiracy. (t · c) buidhe 06:37, 3 November 2022 (UTC)
- Support per nom.--Ortizesp (talk) 15:42, 3 November 2022 (UTC)
- Support. makes sense. Ebbedlila (talk) 17:21, 3 November 2022 (UTC)
- Support per nom. Shwcz (talk) 03:45, 8 November 2022 (UTC)
- Support Criminal conspiracy and Civil conspiracy per WP:NATDIS. The terms are often used and already redirect to these articles. -- Necrothesp (talk) 14:43, 9 November 2022 (UTC)