NCJ Number
143685
Journal
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 685-716
Date Published
1993
Length
32 pages
Annotation
After reviewing the elements of the Federal conspiracy statute (Title 18, section 371 of the U.S. Code), this article discusses the co-conspirator hearsay rule, defenses, and enforcement.
Abstract
Section 371 of Title 18 makes it a crime for "two or more persons to conspire . . . to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose." A criminal conspiracy is an unlawful combination or agreement to commit a crime. In addition to section 371, there are specific provisions that proscribe conspiracy in more than 20 Federal statutes. These provisions attach to the particular substantive offenses of the statute in which they appear. There are four elements necessary for proving a criminal conspiracy, each of which the prosecution must prove beyond a reasonable doubt. A conspiracy exists where the parties make an agreement to achieve an illegal goal, with knowledge of the conspiracy and with actual participation in the conspiracy, and at least one conspirator committed an overt act in furtherance of the conspiracy. Defenses for conspiracy pertain to the statute of limitations, insufficiency of the indictment, variance, multiplicitous indictment, insufficient evidence, and withdrawal. The discussion of enforcement addresses vicarious liability, Wharton's Rule, joinder and severance, slight evidence of defendant's involvement, acquittal of other co-conspirators, and sentencing. The co-conspirator hearsay rule is also discussed. 191 footnotes