As a starting point for the discussion, this is a similar conversation on Reddit:
' "Drive, baby, drive" qualifies as a conspiracy to induce/encourage her partner to disobey the lawful order to exit the car given by the officer.'
The reply:
'You need these elements to prove conspiracy:
- There has to be an agreement between members of the conspiracy (shared planning).
- The agreement has to be understood to be the commission of a crime.
- The person has to take an action in furtherance of the conspiracy (the agreement is not by itself an action in furtherance).
- At least one person in the conspiracy has to have committed the crime.
Just saying "do X" isn't conspiracy because it would be unlikely to be considered an agreement in the first place (and here you're relying on the driver driving as implied agreement, and so you'd have to prove they wouldn't have driven but for that encouragement), and even if it were, it's not an action in furtherance.
You could argue it's aiding and abetting, but you'd have to prove that the passenger's intent was for the driver to commit a crime rather than just be a reflexive statement made in panic, and you'd have to prove that the driver decided to act
because of that encouragement. There's no way you'd get a conviction here.'