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CONSPIRACY - THE CRIMINAL AGREEMENT IN THEORY AND IN PRACTICE

NCJ Number
41657
Journal
Georgetown Law Journal Volume: 65 Issue: 4 Dated: (APRIL 1977) Pages: 925-969
Author(s)
P MARCUS
Date Published
1977
Length
45 pages
Annotation
THE AUTHOR COMBINES EMPIRICAL RESEARCH AND THEORETICAL ANALYSIS IN THIS COMPREHENSIVE STUDY OF THE CONSPIRACY DOCTRINE.
Abstract
THE ARTICLE DEMONSTRATES THAT THE THEORETICAL REASONS FOR THE CONSPIRACY DOCTRINE ARE INAPPLICABLE TO MOST ACTUAL CONSPIRACY PROSECUTIONS AND THAT THE PRACTICAL REASONS FOR CONSPIRACY CHARGES ARE OFTEN UNACCEPTABLE PROSECUTORIAL SHORTCUTS. ALTHOUGH ULTIMATELY CONCLUDING THAT THE CONSPIRACY DOCTRINE IS NEEDED IN SOME LIMITED INSTANCES, THE AUTHOR INDICATES THAT PROSECUTORS SHOULD BRING CONSPIRACY CHARGES ONLY WHEN JUSTIFIED BY PROPER REASONS AND THAT COURTS SHOULD CONSIDER SUCH CHARGES MORE CAREFULLY.(AUTHOR ABSTRACT MODIFIED)...TWH

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