The Law on Conspiracy and its Punishments in North Dakota
Conspiracy is a charge that brings under one single indictment, every person responsible for intending to and in cases further attempting to go through with that crime. Multifarious crimes fall under the prerogative of conspiracy charges by the of people coming together to organize the crime. Conspiracy charges do not serve punishment for the crimes committed, but the premeditated and organizational nature of the potential crime.
Should there be an act of crime as well, then the conspirators will all have to face charges against those crimes separately from the conspiracy charge. Irrespective of a conspirator's actual role during the progress of the crime, everyone will be delivered the same indictment nonetheless.
What constitutes a conspiracy in North Dakota?
North Dakota holds all people accountable under a conspiracy charge with punishments for the same. These punishments depend on the nature of the crime and the conspirators can face lighter or harsher charges based on the same.
In order for a particular case to be considered as a conspiracy charge, there is a need to prove that there was real intent behind pursuing the crime. Such intent is usually malicious in nature and usually serves to harm people or property. The prosecuting attorney is allowed to use both eligible and circumstantial evidence in establishing a conspiracy case. The reason behind this is that in most states in America, there is no need to prove that the crime actually took place. A conspiracy charge also holds for those situations where the criminals were caught before they were able to go ahead and commit the crime.
Any individual who, without prior knowledge or consent, either accidentally or was coerced to assist the conspirators with a crime shall not be charged for the same. This is because the circumstances indicate that they did not have the premeditated intention to commit the crime and therefore is not a part of the actual conspiracy. Certain kinds of conspiracies, such as conspiracy to distribute drugs, are treated slightly differently as they are by nature, organizational crime. However, every member of the drug cartel can be charged with conspiracy and have to face the consequences of the same if caught.
What are the punishments for conspiracy in North Dakota?
Those people who face punishment under a conspiracy charge will have to spend a stipulated time in State Penitentiary, pay a fine as indicated by the Court, or both. When the conspiracy is of a harsher nature, such as one to commit murder or treason, then the maximum sentences can be incurred.
In addition to this, the conspirators also face the charge of the crimes they actually committed, should they succeed in doing so. If bank robbers were successful in their bank robbery, then they will be charged and punished for that robbery in addition to the punishments they received from the conspiracy charge.
Every conspirator in the group will have to face the same punishment, no matter whether they are being punished for their crimes or for their companions. It has also been established that it is not necessary for two or more conspirators to know each other's names and faces in order to be counted as conspirators for the same crime. This holds especially true for larger organizations such as drug cartels were not everyone will know everyone.
The only times these charges can be stopped is if the conspirators can prove that they had decided against pursuing the crime. Similarly, if one or more of the conspirators helped to prevent the crime, then their indictments can be lesser or altogether dropped.