In crime laws, it can be defined as a contract or some kind of agreement between two or more than two individuals for committing a crime in the future. One of the main conspiracies which were found in the start of the 19th century was the Burr conspiracy and it will be discussed as a conspiracy of crime against the state of Texas. The courts of many states are refreshing their laws against conspiracy and many other minor acts of criminals in which it is suspected that the community could be disturbed, spoiled, and damaged at higher levels. From that time up till now, the main elements of conspiracy would be the specific intention, a contract, or promise between two or more two individuals for an engagement in a crime to be attempted in the future.
Keywords: conspiracy, Burr, Law.
Conspiracy is one of the dangerous inchoate crime which is initially planned and then implemented properly with the complete commitment to maximum possible damage or the completion of the goals. In crime laws, it can be defined as a contract or some kind of agreement between two or more two individuals for committing a crime in the future. In many states of the United States, the law is not applicable to individuals who are just planning the crime to commit. The implementation of law and declaration of those individuals as criminals for their elimination from the community only happens when they act upon their strategies and plans. The number of participants who are about to be involved in the crime could not be counted, this could be the murder of an important individual, a great robbery from a bank, or kidnapping. One of the main conspiracies which were found in the start of the 19th century was the Burr conspiracy and it will be discussed as a conspiracy of crime against the state of Texas. The main aim of the paper is to discuss the history of the common English law on conspiracy as well as the current statute of different states of the United States and also the comparison of the situation of the past and the present.
In common law, it is not defined how much the conspiracy crime could be vast and destructive. In the United States, many states have confirmed only to investigate the conspiracy if found and will do some proper action against the crime which didn’t take place. The crime of conspiracy has the capability of growing to infinite dimensions. It is able to accommodate any situation and it can be criminalized only if the threat to the community is severe and very high. The courts of many states are refreshing their laws against conspiracy and many other minor acts of criminals in which it is suspected that the community could be disturbed, spoiled, and damaged at higher levels.
In the discussion of the Burr Conspiracy, the main aim of Burr was to create a new and independent country in the middle of some areas which would be including Mexico and Texas. His conspiracy was prolonged since the previous president of the United States before President Thomas Jefferson, and as President Thomas Jefferson found the facts to be crystal clear, he ordered Burr arrested, inspected, and treasured immediately. The trial already had destroyed Burr’s career but still, the conspiracy was strong so he was not supposed to be left freely.
Elements of Historical Common Law
In history, it is highly seen in the industrial controversy where the passion was seen to be running higher and the class-conscious groups were fighting bitterly. There were a lot number of industrial ownerships and boards which were involved in stealing the ways of business overtaking and were also involved in making and developing the conspiracies of different crimes which involved making the strategies to break the chains of others’ business and to overtake his customer bank as well as raw material supplies and so on. These things are allowed in the business but indirectly. If they are directly implemented, they are included in the felonies and crimes of stealing and robberies. From that time up till now, the main elements of conspiracy would be the specific intention, a contract, or promise between two or more two individuals for an engagement in a crime to be attempted in the future. Also, there is another element of conspiracy in which the individuals are supposed to do unconcealed acts for making additions to the conspiracy.
Burr was highly committed to his job and had plans to be an independent owner of the land of his own on which no government would have any influence. It was expected that if Burr had continued his activities for a couple of weeks more, the United States would have been divided into two separate nations. Burr’s crimes were very high and due to the Spanish crown, he was released from any kind of action. Due to the lack of internal influence and sudden action strategy, Burr was found to be lucky not to be killed for this act and the Spanish Crown took care of him.
Elements of Current Statute
The federal statute has declared the conspiracy as a crime and if two or more individuals are conspiring to commit some sort of felony or offense against the United States or any agency of the United States by any means or for any purpose would be objectified for being involved in the conspiracy. Many of jurisdictions don’t completely recognize and even consider attempted conspiracy as a crime or felony.
It could be found that there is a separate description for the individuals who are involved in the conspiracy. The individuals who are suspected that they would be involved in making conspiracy of a major attempt of destruction could be turned down until and unless all the clues and sources are abandoned or vanished from them. The individual who is supposed to withdraw himself from the team of conspiracy would still be under the consideration and captured as a law offense helper. He would find himself withdrawing completely from all kinds of legal actions against him only when an immediate explanation would be given to the officials about the rest conspirators so that the officials should take necessary actions. In this way, his disassociation would be confirmed and he will not be counted as the criminal or the conspirator in all the legal process.
Comparison of Historical Common Law and Current Statute
In past, the English common laws were still active for inchoate offenses. For the conspiracy, it is explained through a number of different examples in which the group of individuals would not be supposed to be murdered if they don’t know that the substance they have poured into the tea of an individual is poison unless it is found that they had some personnel intention to conspire that act. The growing of plants and lack of awareness of their illegal approach would also not consider them to be involved in a felony of conspiracy but if they know the illegal part then they would be included in the conspiracy to attempt a crime as they intentionally started the growth of the illegal plants.
In comparison to the modern laws, there were a number of amendments and extensions being made for proper understanding of the cases as well as getting directions to getting a better solution of removing such cases. In the case of Burr, in the modern world, he would be either deported, killed, or imprisoned.
Reasons for Change
The past conspiracy laws evolved through a lengthy and tortuous detailed history into an act that was supposed to be used against any kind of dangerous activity by the group or planning of an act. The twentieth century is the time of the great expansion of the conspiracy laws which were developed against the modernized minds for the crimes, the complex and non-understandable business arrangements as well as subversive political activity. This time was highly noticed by the officials and it was the time when the acts and lawmaking should have to take a stand in making new arrangements for the new problems raised in the society which were not manageable by the present law structures.
Due to a number of problems currently being faced by the modern world, American and English laws are continuously changing. The main purpose of the change is to modernize the laws according to the crime being rationalized now. Burr’s case is a little different in that he was supposed to be captured and killed. In the modern world, the way of dealing with the case is polite and the criminal will be subjected to explaining their tragedies and strategies. It is recommended to improve the laws as required and in the case of Burr, the investigation should be properly done the removal of long-lasting problems.
In a nutshell, it can be explained that conspiracy is one of the biggest crimes which could cause damage to uncountable measures. It should be understood that the state-level or country-level problem creation could not be forgiven and immediate treason is acted. It is known that the implementation of justice as well as the announcement of the individuals as criminals for their elimination from the community only happens when they act upon their strategies and plans. Burr was a criminal to be acting as a criminal and because of weak laws he was released but in such cases, the individual is deported or prisoner forever at least.