Liable for both Pinkerton and accomplice for bank 1 robbery. Brent: Liable under Pinkerton but not accomplice for David’s theft. Courtney: Liable under Pinkerton but not accomplice for David’s theft. Conspiracy Provides Short-Cuts and Benefits to Prosecutors: Trials: makes it easier to get evidence out. Allows prosecution to shore up weaker bits of evidence against certain individuals in the conspiracy. Statements made by co-conspirators in furtherance of Exception to Hearsay Prohibition: conspiracy are admissible in trials against other co-conspirators. Begins after the LAST overt act of the conspiracy. Statute of Limitations: Types of Conspiracies: Single: Government will favor one large single conspiracy if it stretches the nets of Pinkerton liability and increases high pressure advantages of a joint Multiple: If government wants to rack up a large number of conspiracy accounts against the hub, favor multiple prosecutions. Establishing Knowledge of a Conspiracy: Rimless Wheel: Separate conspiracies between the hub and each actor individually. Single Conspiracy: Requires a connection between all the actors and the hub. Prove by showing that each seller KNEW OR SHOULD KNOWN that there was a larger conspiracy. Doesn’t require actual knowledge that each seller knew the other seller, but each seller has to know or should have known that there were other sellers. Prove by: Interdependency Statements Observations Repeated use of the same conspirators would draw suspicion implies there are more conspirators. Proceeds of a single transaction seem insufficient to justify risk. Interdependence: links in the chain. Today, with unilateral conspiracies, a conspirator can be found guilty even if co-conspirators are not found guilty. Defenses There are two types of defenses: Justification for the Act Excuse These are both defenses that are used after the state has proven the elements of the offense. Distinct from defenses like mistaken identification or alibi, where the defendant is actually refuting the state’s case. Justification: Actor commits a crime that advances some social interest. Self defense or defense of others. Assumes some social utility, which makes the conduct justified.
Liable for both Pinkerton and accomplice for bank 1 robbery. Brent: Liable under Pinkerton but not accomplice for David’s theft. Courtney: Liable under Pinkerton but not accomplice for David’s theft. Conspiracy Provides Short-Cuts and Benefits to Prosecutors: Trials: makes it easier to get evidence out. Allows prosecution to shore up weaker bits of evidence against certain individuals in the conspiracy. Exception to Hearsay Prohibition: Statements made by co-conspirators in furtherance of conspiracy are admissible in trials against other co-conspirators. Statute of Limitations: Begins after the LAST overt act of the conspiracy. Types of Conspiracies: Single: Government will favor one large single conspiracy if it stretches the nets of Pinkerton liability and increases high pressure advantages of a joint Multiple: If government wants to rack up a large number of conspiracy accounts against the hub, favor multiple prosecutions. Establishing Knowledge of a Conspiracy: Rimless Wheel: Separate conspiracies between the hub and each actor individually. Single Conspiracy: Requires a connection between all the actors and the hub. Prove by showing that each seller KNEW OR SHOULD KNOWN that there was a larger conspiracy. Doesn’t require actual knowledge that each seller knew the other seller, but each seller has to know or should have known that there were other sellers. Prove by: Interdependency Statements Observations Repeated use of the same conspirators would draw suspicion implies there are more conspirators. Proceeds of a single transaction seem insufficient to justify risk. Interdependence: links in the chain. Today, with unilateral conspiracies, a conspirator can be found guilty even if co-conspirators are not found guilty. Defenses There are two types of defenses: Justification for the Act Excuse These are both defenses that are used after the state has proven the elements of the offense. Distinct from defenses like mistaken identification or alibi, where the defendant is actually refuting the state’s case. Justification: Actor commits a crime that advances some social interest. Self defense or defense of others. Assumes some social utility, which makes the conduct justified.
Crim_TaylorThompson_2015.docx