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Consequences of a Conspiracy

Consequences of a Conspiracy. Hearsay exception ( Krulewitch) Criminalizing noncriminal objectives Punishment for conspiracy can exceed the level of punishment for the crime that is the object of the conspiracy

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Consequences of a Conspiracy

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  1. Consequences of a Conspiracy • Hearsay exception (Krulewitch) • Criminalizing noncriminal objectives • Punishment for conspiracy can exceed the level of punishment for the crime that is the object of the conspiracy • Punishment for conspiracy and for the object crime are separate and can be run consecutively • Conspiracy as a form of accessorial liability

  2. Pinkerton • “So long as the partnership in crime continues, the partners act for each other in carrying it forward… “an overt act of one partner may be the act of all without any new agreement specifically directed to that act.”” • The principal’s acts be in furtherance of the conspiracy and reasonably foreseeable as a necessary or natural consequence of the conspiracy.

  3. Yes Yes, intent to aid & actual aid Yes, both in furtherance & foreseeable No? Was there aid or intent to aid? No, no aid. Yes Yes Yes Yes, if fore- seeable. No, no aid, no intent to aid.

  4. R1 D1 R2 S R3  D2 R4 How many conspiracies?

  5. What difference does it make? • Anderson (p. 718); an outlying conspirator was held liable for abortions performed on women she referred to the doctor, as well as abortions performed on women referred by others she did not know. • Braverman (p. 721) The government alleged several separate conspiracies and the defendant claimed only one.

  6. D D D Brown D D D D D

  7. RICO • (a)  Wide list of eligible predicate offenses under §1961(1) • (b)  Important expansion of federal jurisdiction (many of the §1961(1) offenses are not normally federal crimes); and • (c)  The steep penalty enhancement triggered by RICO (a §1961(1) offense punishable by just over 1 year under state law become a RICO offense punishable by up to 20 years under federal law if the RICO elements are satisfied).

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