Write 150 words on your thoughts about criminal conspiracy? agree or disagree? What you thought was interesting after reading below? pick a case that realtes to this discussion no title page cite and refernces
Acriminal conspiracyis an agreement between two or more people to commit or to effect the commission of an unlawful act or to use unlawful means to accomplish an act that is not unlawful. The notion of conspiracy was first formulated by the English Star Chamber in 1611. Under English common law the term had much the same meaning as it does today. However while conspiracy was generally considered to be a misdemeanor under common law most states and the federal government today classify it as a felony. The U.S. Supreme Court has said that the agreement to commit an unlawful act is a distinct evil which may exist and be punished whether or not the substantive crime ensues.39
An agreement between two or more people to commit or to effect the commission of an unlawful act or to use unlawful means to accomplish an act that is not unlawful.
The Commentaries on the Model Penal Code state Conspiracy as an offense has two different aspects reflecting the different functions it serves in the legal system. In the first place conspiracy is an inchoate crime complementing the provisions dealing with attempt and solicitation in reaching preparatory conduct before it has matured into commission of a substantive offense. Second it is a means of striking against the special danger incident to group activity facilitating prosecution of the group and yielding a basis for imposing added penalties when combination is involved.
According to legal commentator Paul Marcus striking changes in criminal conspiracy prosecutions during the past two decades include an enormous growth in the number of cases involving many defendants an increase in the prevalence of complex evidentiary issues and increasingly complicated charges brought against defendants in conspiracy cases.40Cases he cites as examples include (1)United Statesv.Casamento(1989)41involving 21 defendants 275 witnesses and 40000 pages of transcripts; (2)United Statesv.Ianniello(1989)42a 13-month trial with 11 defendants; (3)United Statesv.Kopituk(1982)43a case that had 12 defendants and 130 witnesses; and (4)United Statesv.Martino(1981)44with 20 defendants and more than 200 witnesses. Many of todays conspiracy cases involve drug trafficking in which several people agree to work in concert to manufacture transport and distribute controlled substances.