Drug Crimes, Substance Abuse "conspiracy" for lay people

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footchester

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As an 'outdoors' type, I occassionally find myself reading stories about "eco-activists" and their entanglements with the legal system. One issue that has me very concerned is the recent success of our government in obtaining conspiracy convictions against "activists" who never actually DID anything!

I realize that each case is unique, but could one of you 'legal beagles' PLEASE explain the basic guidelines for conspiracy charges in this type of situation?

For example:
1. three friends get together over coffee at their local cafe every Friday and discuss their favorite book - "The Monkey Wrench Gang". One day, somebody says, "I bet we could do something like that". In our government's eyes, have they already committed a crime?
2. the next week, they bring pen and paper and sketch out a 'theorectical' direct action (pulling up some survey stakes and maybe installing some political signage. No actual action has taken place, but the trio has walked through the steps required. Have they now committed a crime?
3. after a one week break for the holidays, the gang is back and brings along some maps, satellite photos from Google and some other research materials. Can they expect the Feds to come barging in any second?
4. Finally, a date and time have been selected, the Yugo is all gassed up and the rice cakes are all wrapped for travel. As the gang is entering the car, with maps, photos and tools in their packs, the Feds swoop down from black helicopters; they got our brave gang with all the tools necessary to save the spotted owl for at least another year. But they haven't actually done a god darn thing. What are they charged with?

Thank you. Although somewhat sarcastic, this is a very serious post with dreadfully serious implications to many Americans. Please respond as fully as you care to. Thanks!
 
In general, a conspiracy requires two or more people to plan a criminal undertaking and then to take actions towards the furtherance of that plan. The fact that they have not yet done the crime is not relevant so long as the crime has been planned and they have taken steps to carry it out. This differentiates theory and discussion from an actual criminal act.

Whether it is a crime to move survey stakes or pull political signs up would depend on state law. But, if they are crimes, than a case might be made for conspiracy there.

- Carl
 
This differentiates theory and discussion from an actual criminal act

That was really the point of my original post and I could really use more info. Look back at the few examples I gave: examples 1 thru 4; at which example have I committed a crime?
 
I could make an argument at step 2 ... but, the BEST case would be at step 4 because anything before that can be explained away by a good defense attorney.

Any conspiracy case used to pre-empt a criminal act is subject to arguments of reasonable doubt for the simple reason that it requires some mind reading and a lot of good foundation-building. Most these cases are made after the fact (after the crime) or when the crime is serious and clear. I would no be too keen on arresting some people before they commit a low grade misd., but I would be all for conducting the surveillance to catch them in the act and then add that on ... in my state a conspiracy to commit a misdemeanor is a felony.

Kinda nice that way!

- Carl
 
Thanks for the info

I could make an argument at step 2....

I guess I'll leave off here with one last comment. If any cops, prosecuters or judges actually take action based on #2, that is a strong indication that this country is going to hell. What ever happened to all that gum flapping about "liberty" or "live free or die"? Just words.... America would rather be turned into "America-land, an amazing Disney simulation", complete with dress codes, speach codes, mind control and unlimited surveillance. Sorta like what Rudy did to NYC... (am I the only one who actually grew up there that is now disgusted with its "New York City, a planned community" ambience? Give me 1976 NYC any day; the Dead Boys live at CB's, Son of Sam keeping the suburbanites back where they belong and cheap, pure heroin on any corner in the east village. memories, like the corners of my mind....)
 
You're right. Not only are we in an ever worsening police state, the prosecutors and judges will cheat at trial and the cops will lie if you have the guts to go all the way (to trial) after they load on a ton of charges to get you to plead guilty to something. I've seen it with my own eyes. And by the way, don't expect anything from your defense (sic) attorney except that he will cooperate with the prosecution and try to keep you calm while he leads you to slaughter.

Check this out:
http://vdare.com/roberts/061211_criminal.htm
 
Here is how Conspiracy is laid out in my state:

Conspiracy may be defined as two or more persons agreeing to commit any crime, where at least one of them does an overt act in furtherance of the conspiracy.

Conspiracy is a specific intent crime, requiring the accused to have the intent to commit the offense which is the object of the conspiracy.
The term "overt act" means any step taken or act committed by one or more of the conspirators which goes beyond mere planning or agreement to commit the crime. It need not be an element of the crime, an illegal act, or an attempt to commit the crime, but must be a step or act which is taken in furtherance of accomplishing the object of the conspiracy. For instance, buying a gun, tools, or supplies necessary for the job would suffice.

The two or more persons who must agree or conspire together may include a husband and wife. If an undercover officer is involved, there must be at least two other persons who are defendants. It is not necessary that the accused know one or all the parties to the conspiracy. Each accused must know and enter into the unlawful agreement with at least one other member of the conspiracy.

All parties to the conspiracy are equally responsible for the actions of all other parties taken in furtherance of the conspiracy. This includes any crimes, whether planned or not, that committed during preparation for, the commission of, or after the objective has been accomplished, such as during escape and arrest. However, it does not include independent crimes, not committed in furtherance of the conspiracy, by individual members of the conspiracy.

The conspired crime does not have to be completed, or even attempted, to sustain a conspiracy conviction. A conspiracy does not automatically terminate when the government, such as in a successful "sting" operation, has defeated the object of the conspiracy. (Jimenez Recio (2003) 537 U.S. 270, 274.)

- Carl
 
If this is a Federal Case, and not a state fish and game issue, this is what one might be charged with:

TITLE 18 > PART I > CHAPTER 3 > § 41
§ 41. Hunting, fishing, trapping; disturbance or injury on wildlife refuges

Whoever, except in compliance with rules and regulations promulgated by authority of law, hunts, traps, captures, willfully disturbs or kills any bird, fish, or wild animal of any kind whatever, or takes or destroys the eggs or nest of any such bird or fish, on any lands or waters which are set apart or reserved as sanctuaries, refuges or breeding grounds for such birds, fish, or animals under any law of the United States or willfully injures, molests, or destroys any property of the United States on any such lands or waters, shall be fined under this title or imprisoned not more than six months, or both.

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