International Law Enforcement Academies (ILEA) Criminal Law Practice Exam

In the case of conspiracy, what must occur alongside an agreement?

1. An overt act in furtherance of the agreement

2. Public acknowledgment of the plan

3. A financial transaction between parties

4. A meeting in person to discuss the act

The correct answer is: An overt act in furtherance of the agreement

In the context of conspiracy law, an agreement to commit a crime is not sufficient on its own to establish a conspiracy. There must also be an overt act taken in furtherance of that agreement. This legal requirement is rooted in the need to demonstrate that the conspirators are moving beyond mere intention or agreement and are actually engaging in steps that progress towards the commission of the planned crime. An overt act does not necessarily need to be a significant step; it can be any action, however minor, that shows the conspirators are working toward the goal of the conspiracy. This serves to highlight the seriousness of the conspiratorial agreement, transforming a mere hypothetical arrangement into a tangible effort to execute the crime. Other potential options, such as public acknowledgment, financial transactions, or meetings, do not constitute the necessary legal elements of conspiracy. Public acknowledgment alone does not indicate that any action is taken towards committing the crime, nor does the mere exchange of money, which may not always be present or necessary. Similarly, while the conspirators might meet in person, this is not required to fulfill the criteria of conspiracy as long as an overt act is executed. Thus, the presence of an overt act is what solidifies the agreement into actionable conspiracy under criminal law.