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Defending Charges of Conspiracy (From White Collar Crime: Business and Regulatory Offenses, P 4-1, - 4-68, 1990, Otto G. Obermaier and Robert G. Morvillo, eds. - See NCJ-126261)

NCJ Number
126265
Author(s)
M F Pomerantz; O G Obermaier
Date Published
1990
Length
68 pages
Annotation
This article, divided into two parts, describes the significant principles of conspiracy law as expostulated by the Federal courts and outlines certain pre-trial and trial motions and procedures useful in defending clients against charges of conspiracy.
Abstract
Following an explanation of the nature of crime of conspiracy and its corollaries, the statutes involved are discussed, as well as indictment requirements, overt acts, venue, and required plurality. Other elements of conspiracy law include joinder, single and multiple conspiracies, intent, and admissible evidence. The statute of limitations; duration, termination, and withdrawal; conspirator's liability for substantive crimes; and merger, prior adjudication, and sentencing considerations are also explored. The pre-trial techniques covered in this chapter include pre-trial discovery, severance, and hearings to determine the admissibility of the co-conspirator's statements. Limiting instructions; motions at the close of the prosecution's case and at the close of all the evidence; and requests to charge, the court's charge, and exceptions comprise trial technique useful in defending against conspiracy charges. 312 notes.

Sale Source
Seminar Press, Inc
Address

111 Fifth Avenue, New York, NY 10003, United States

Publication Type
Survey
Language
English
Country
United States of America
Note
Revision and update of an earlier work by Otto G. Obermaier entitled "Defending Charges of Conspiracy," published in 1980 in a book entitled White Collar Crimes.