conspiracy

andie nachgeborenen andie_nachgeborenen at yahoo.com
Fri Nov 8 07:52:14 PST 2002


--- Jordan Hayes <jmhayes at j-o-r-d-a-n.com> wrote:
> > Would that thought crimes were enough to bring
> down the
> > boot of the state on the necks of its subjects!
>
> How do you explain the rise in the use of (at least
> the threat of)
> "conspiracy" as a prosecutorial tool?
>

Conspiracy isn't thought crime. The elements are (1) an agreement to do an unlawful act, and (b) taking a substantial step in furtherance of that agreement. As we say in the biz, tere is a actus reus to go along with the mens rea. I don't know if there is a "rise" in conspiracy charges. One could, I suppose, find out. The conpiracy cases I've handled are real enough, involving big drug gangs. I don't feel bad about drug lords from the projects letting locked up on durug conspiracy and continuing criminal enterprise convictions. I just wish they'd go after the mayor and the bankers . . . .

jks

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