Multistate Bar (MBE) OPE 1 Practice Exam

The key idea is that a conspiracy is a partnership in a crime that can continue even if one member is temporarily removed from the scene. Two or more people must agree to commit an unlawful act, and acts in furtherance of that plan can sustain the conspiracy across time. If one conspirator is jailed on unrelated charges, the remaining conspirators can still carry on the plan, and their ongoing actions during the period in question can support a conviction for conspiracy. The jailed conspirator’s absence does not automatically dissolve the agreement or prevent the others from being found guilty, as long as there is evidence of the original conspiracy and continued participation by at least two conspirators. In this scenario, the fact that the last six robberies occurred while the conspirator was incarcerated doesn’t negate the conspiracy; the remaining conspirators can still be convicted for their role in continuing the plan.