NCJ Number
13065
Journal
California Law Review Volume: 61 Issue: 5 Dated: (SEPTEMBER 1973) Pages: 1137-1188
Date Published
1973
Length
52 pages
Annotation
DISCUSSION OF THE SUBSTANTIVE AND PROCEDURAL ASPECTS OF THE DOCTRINE OF CONSPIRACY, THE SEVERAL ATTEMPTS TO REFORM IT, AND THE REASONS WHY IT SHOULD BE ABOLISHED.
Abstract
ARGUMENTS ARE OFFERED WHICH SUPPORT THE AUTHOR'S CONCLUSION THAT THE CRIME OF CONSPIRACY SHOULD BE ABOLISHED SINCE THE PROBLEMS WITH WHICH CONSPIRACY PURPORTS TO DEAL COULD BETTER BE RESOLVED BY REFERENCE TO OTHER DOCTRINES AND PRINCIPLES. THE AUTHOR SEPARATES THE SUBSTANTIVE ASPECTS OF CONSPIRACY FROM THE PROCEDURAL, AND FOCUSES ON FEDERAL LAW AND PROCEDURE IN HIS ANALYSIS. HE REVIEWS CONSPIRACY AS IT RELATES TO THE RULE OF COMPLICITY, TO CUMULATIVE PUNISHMENT, TO PROSECUTION FOR THE SUBSTANTIVE CRIME, AND ITS EXISTANCE AS AN INCHOATE CRIME. HE CONTENDS THAT THE PROCEDURAL ASPECTS OF CONSPIRACY MAY PREJUDICE THE DEFENDANT EVEN MORE THAN MISUSE OF THE SUBSTANTIVE CRIME. HE CONSIDERS JOINDER AND SEVERENCE, VENUE, THE STATUTE OF LIMITATIONS, AND THE EXCEPTION TO THE HEARSAY RULE WHICH APPLIES TO THE DOCTRINE OF CONSPIRACY. HE EXAMINES THE MODEL PENAL CODE AND THE PROPOSED FEDERAL CRIMINAL CODE AND THE CHANGES THESE CODES WOULD MAKE IN EXISTING LAW.