Comparison – Criminal Law and Procedure EC 3

Spring 2017 Comparison Criminal Law and Procedure Extra Credit Audio #3

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Listen Here Chapter 5+6 – Attempt & Conspiracy

58 thoughts on “Comparison – Criminal Law and Procedure EC 3

  1. Mark R. Smart

    The comment I have relates to the audio comments regarding “meeting of the minds” When I first read this with Criminal Law in mind, it immediately brought back the “meeting of the mind” regarding contracts. Under contract the courts seem to make it a tough standard to actually show there may or may not have been a contract. However, it seems to me that under a contracts “meeting of the mind” it would be designed as a tough standard, where the court wants to make it tougher to show a contract existed.

    With regard to the Criminal Law “meeting of the mind” for conspiracy – it seems to me that, here, the courts have intentionally designed it a low standard so as to be much easier to prosecute. Under common law (not MPC) as long as there is a communication leading to an agreement to commit a wrong by two or more people, the meeting of the minds is NOT necessary – which to me is a much easier standard for the courts to prosecute and make a “meeting of the mind” for contract purposes much harder in order to show there was a contract and to protect a party.


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