Defending Charges of Conspiracy (From White Collar Crime: Business and Regulatory Offenses, P 4-1, - 4-68, 1990, Otto G. Obermaier and Robert G. Morvillo, eds. - See NCJ-126261)

• NCJ Number: 126265
• Author(s): M F Pomerantz; O G Obermaier
• Date Published: 1990
• Length: 68 pages
• Sale Source: Seminar Press, Inc
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: Revision and update of an earlier work by Otto G. Obermaier entitled "Defending Charges of Conspiracy," published in 1980 in a book entitled White Collar Crimes.

Annotation

This article, divided into two parts, describes the significant principles of conspiracy law as expostulated by the Federal courts and outlines certain pre-trial and trial motions and procedures useful in defending clients against charges of conspiracy.

Abstract

Following an explanation of the nature of crime of conspiracy and its corollaries, the statutes involved are discussed, as well as indictment requirements, overt acts, venue, and required plurality. Other elements of conspiracy law include joinder, single and multiple conspiracies, intent, and admissible evidence. The statute of limitations; duration, termination, and withdrawal; conspirator's liability for substantive crimes; and merger, prior adjudication, and sentencing considerations are also explored. The pre-trial techniques covered in this chapter include pre-trial discovery, severance, and hearings to determine the admissibility of the co-conspirator's statements. Limiting instructions; motions at the close of the prosecution's case and at the close of all the evidence; and requests to charge, the court's charge, and exceptions comprise trial technique useful in defending against conspiracy charges. 312 notes.