What is the difference between bilateral and unilateral approaches to conspiracy?

The distinction between bilateral and unilateral approaches to conspiracy primarily hinges on the nature of agreement and intent among the parties involved. In a bilateral approach, there must be a clear agreement between two or more parties to commit a crime. This means that all parties involved have a mutual understanding and intent to engage in criminal activity together, which is a key component of establishing conspiracy under this model.

In contrast, the unilateral approach allows for the conspiracy to be established even if only one party has the intent to commit the crime while the other party may not have any intention of doing so. This approach focuses on the intent of one individual, regardless of whether the other "co-conspirators" are actually willing or aware of the plan.

This fundamental difference highlights that in a bilateral conspiracy, the collaboration and shared goal among participants are necessary, while the unilateral approach emphasizes the individual intent of at least one person involved in the conspiracy. The clarity around which model is being applied can have significant implications for criminal charges, as well as the prosecution's burden of proving the necessary elements of conspiracy.