NCJ Number
91620
Journal
Trial Volume: 19 Issue: 10 Dated: (October, 1983) Pages: 66-70,108-109
Date Published
1983
Length
7 pages
Annotation
Following a description of the 'continuing criminal enterprise' statute (21 U.S.C., section 848), its constitutional challenges and judicial construction, this article provides guidelines for defense counsel in preparing to deal with a charge under this statute.
Abstract
The continuing criminal enterprise statute provides expanded opportunities for the government to investigate, prosecute, and punish persons involved in distributing illegal drugs. From the time client contact is first established, defense counsel should be aware of the possibility of the continuing criminal enterprise charge, because it does not require much evidence to convert an ordinary conspiracy case into a continuing criminal enterprise charge. Faced with such a powerful statute, the defense of a continuing criminal enterprise charge must begin early. Defense counsel's strategy depends upon the stage of proceedings and the defendant's role in the drug network. The client is best served by trying to counter the prosecution's case before indictment through negotiation with the prosecution. If there is an indictment and a trial is inevitable, an attack on the credibility of the government witnesses, many of whom will surely be previously convicted drug offenders, must be made. The critical focus of the defense in a continuing criminal enterprise case frequently is on the defendant's testimony. A defendant who can persuasively argue that he/she is not the 'manager' of an enterprise should testify. Twenty-six references are provided.