Whether a person believes the sentence is right or wrong, conspiracy does not require any action by a particular individual other than helping and/or agreeing to a plan.
I will use Texas law on conspiracy as an example.
If four guys (it only requires two people) get together and one of them says something like, we ought to go rob a bank. The others say, yeah we should. That is not a crime and it is not conspiracy to commit a felony.
Let’s say those same four guys get together and say, we ought to go rob a bank. They all agree that they should and start making plans. They all decide to hit a particular bank. One of the four men says, I’ll go there tomorrow and ask about the bank account but while doing that I will look around for a guard and come back and sketch a floor plan. I also have a friend who can get me a handgun and I will get that also. The next day that guy out to recon the bank. He went into the bank and looked around for any security or guards and came back and made a sketch.
Am I opinion at that point all four men are guilty of Conspiracy to Commit Aggravated Robbery in Texas. That would be a second-degree felony and all four, including the three who simply agreed to take part, could get up to 20 years in prison.
That is because at least one person in the conspiracy committed an overt act to complete the crime by doing a recon and sketching a floor plan so they could decide how to do the robbery.
No matter what someone thinks about the sentence received, it is a diversion to say that he was not there. That is irrelevant.
Again, in my opinion ….