NCJ Number
34774
Journal
Brooklyn Law Review Volume: 42 Issue: 2 Dated: (FALL 1975) Pages: 243-308
Date Published
1975
Length
66 pages
Annotation
STUDY OF THE FAILURE OF FEDERAL COURTS TO PROVIDE GUIDELINES TO DETERMINE VARIANCE BETWEEN A SINGLE CONSPIRACY CHARGED IN INDICTMENT AND MULTIPLE CONSPIRACIES PROVED IN FEDERAL CRIMINAL TRIALS.
Abstract
AN EXAMINATION OF THE AGREEMENT AS THE BASIC ELEMENT OF THE CRIME OF CONSPIRACY TO VIOLATE THE LAWS OF THE UNITED STATES IS UNDERTAKEN AND A METHOD OF DETERMINING THE EXISTENCE AND SCOPE OF AN INDIVIDUAL'S CRIMINAL AGREEMENT CALLED THE 'NATURE OF THE ENTERPRISE' ANALYSIS IS SET FORTH. THE ANALYSIS IS APPLIED TO VARIOUS CONSPIRATORIAL FORMULATIONS CONSIDERED IN ORDER OF THEIR COMPLEXITY. CASES IN WHICH COURTS EITHER FAILED TO APPLY OR APPLIED INCORRECTLY THIS KIND OF ANALYSIS IN RESOLVING THE MULTIPLE CONSPIRACY QUESTION ARE DISCUSSED FOCUSING ON THE CASES IN THE US COURT OF APPEALS FOR THE SECOND DISTRICT WHERE A PREPONDERANCE OF SIGNIFICANT DECISIONS HAVE ARISEN. EACH SECTION OF CONSPIRACY FORMULATIONS CONSIDERED CLOSES WITH RECOMMENDATIONS TO TRIAL JUDGES WITH RESPECT TO PROPER JOINDER AND LIMITING INSTRUCTIONS IN CASES IN WHICH THE EXISTENCE OF MULTIPLE CONSPIRACY IS AT ISSUE. CASES INVOLVING HIGHLY COMPLEX ENTERPRISES IN WHICH A SINGLE CONSPIRACY WAS CHARGED BUT WHICH THE AUTHORS FEEL REFLECT TRULY MULTIPLE CONSPIRACIES ARE ALSO REVIEWED.