What constitutes a criminal conspiracy?

A criminal conspiracy involves two primary elements: an agreement between two or more parties and an act in furtherance of the conspiracy. The essence of conspiracy law is the combination of intent and action; mere agreement alone is not sufficient for a conspiracy charge.

The idea behind requiring both an agreement and an act in the furtherance of the conspiracy is to demonstrate that the parties have taken steps toward executing their plan, which signifies a commitment to engage in criminal behavior. Therefore, the correct understanding of the definition of a criminal conspiracy requires recognizing that it is not just the formation of an agreement, but also that there is an action taken towards that goal.

In this context, while possessing "mens rea" (the mental state of intent) is crucial for the prosecution of many crimes, it does not specifically define what a conspiracy is; rather, it is a separate requirement that applies to the commission of the actual crime itself. Thus, the correct answer encompasses the essential elements of an agreement and subsequent action, making the combination of an agreement and an act the foundation of a criminal conspiracy.