NCJ Number
38795
Journal
American Journal of Criminal Law Volume: 5 Issue: 1 Dated: (JANUARY 1977) Pages: 35-71
Date Published
1977
Length
37 pages
Annotation
THIS COMMENT DISCUSSES THE RELATIONSHIP BETWEEN THE THEORETICAL BASES UNDERLYING FEDERAL CONSPIRACY LAW AND SOME PRACTICAL FACTORS WHICH MOTIVATE ITS USE.
Abstract
DATA FOR THIS STUDY WERE OBTAINED THROUGH INTERVIEWS WITH TWO FEDERAL DISTRICT COURT JUDGES, ELEVEN PROSECUTORS, AND THREE DEFENSE ATTORNEYS; OBSERVATIONS OF TRIALS; AND STATISTICS. FROM A LOG BOOK MAINTAINED IN THE US ATTORNEY'S OFFICE FOR THE SEVENTH CIRCUIT IN 1974. THE DATA INDICATED THAT FEDERAL PROSECUTORS IN CHICAGO USE THE FEDERAL CONSPIRACY STATUTE AND OTHER CONSPIRACY TYPE STATUTES TO HOLD PERSONS ACCOUNTABLE FOR CRIMINAL AGREEMENTS FAIRLY FREQUENTLY, AND THAT THE PROBABILITY THAT AN ACCUSED WILL BE SUBJECTED TO A MANY-DEFENDANT MASS TRIAL ARE RELATIVELY SMALL. INCORPORATION OF STANDARDS TO GUIDE PROSECUTORIAL DISCRETION IN CONSPIRACY CASES INTO FEDERAL LAWS IS RECOMMENDED...EB