What Is a ‘Conspirator’? Understanding the Legal Definition

The term ‘conspirator’ is a legal one that has been part of the English language since the 13th century. It typically refers to two or more people who agree to commit an illegal or wrongful act. In court proceedings, prosecutors must prove that conspirators agreed to commit a crime, knew the details of the plan, and acted in a way that carried out each part of the plan with the intention of advancing the criminal scheme.

Historical Examples of Conspirators

Conspiracies have been part of the human experience since antiquity. One example is the Gunpowder Plot of 1605, in which Roman Catholic conspirators planned to blow up the House of Lords. More recent examples include the Watergate scandal of the 1970s, in which President Nixon’s associates conspired to cover up the administration’s involvement in illegal activities.

Modern Conspiracies and How They Are Prosecuted

Today, prosecutors are increasingly bringing criminal charges against individuals who are alleged to have entered into conspiracies involving fraud or other white-collar crimes. For example, in the high-profile college admissions scandal of 2019, prosecutors charged numerous wealthy individuals with conspiring to commit mail fraud and honest services fraud. If convicted, those individuals could face prison sentences.

Understanding Your Legal Rights As a Conspirator

If you are charged with conspiring to commit a crime, it is important to understand your legal rights. In the United States, defendants maintain the presumption of innocence and the right to due process. The prosecution must prove their case “beyond a reasonable doubt” in order to convict on charges of conspiracy. It is not enough to show that people may have discussed criminal activities; instead, prosecutors must show that each defendant understood what was involved in the plan and intended to move forward with it.