NCJ Number
74644
Journal
American Criminal Law Review Volume: 18 Issue: 2 Dated: (Fall 1980) Pages: 206-221
Date Published
1980
Length
16 pages
Annotation
A discussion of Federal statutes forbidding criminal conspiracy examines elements of the crime, special hearsay rules in conspiracy cases, and possible defenses.
Abstract
Section 371 of title 18 prohibits two or more persons from combining to achieve a criminal goal. The essence of the crime is agreement, evidenced by action toward a common plan rather than by a formal or written agreement. Moreover, coconspirators need not know or contact each other, so long as they have agreed to the plan. However, a mere agreement to commit a crime does not violate Section 371; idle talk is distinguished from a purposeful criminal plot in that a conspiracy is not begun until one of the conspirators acts in furtherance of the plan (it need not be a criminal action). Nevertheless, a defendant cannot be convicted if he was ignorant of the conspiracy, despite his act in furtherance of it, or if he knew of the conspiracy but did not join it. Because conspiracy is a continuing crime the statute of limitations begin to run from the date of the last overt act committed in furtherance of the conspiracy. Moreover, if at least one of its acts is committed within a statute of limitations, other acts outside the period are admissible as evidence. The coconspirator exception rule to hearsay holds that a statement is admissible against a party if the statement was made by a coconspirator during the course of and in furtherance of the conspiracy. The Federal Rules of Evidence enumerate the factual conditions that must be established to remove the statement from the realm of hearsay, although some major procedural issues remain unaddressed. In additions to those defenses aimed at specific elements of the offense, conspiracy charges may be attacked on general grounds. These include withdrawal from the conspiracy communicated to coconspirators, failure of the government to prove charges specified in the indictment, and others. Conspiracy charges are popular among prosecutors because their evidentiary rules permit convictions on slight evidence. Footnotes are included.