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CONSPIRACY, PART 2

NCJ Number
39089
Author(s)
A BLANKLEYGATES J
Date Published
1976
Length
0 pages
Annotation
THIS POLICE TRAINING FILM, PART OF THE LEGAL EDUCATION FOR LAW ENFORCEMENT SERIES, DEFINES AND EXPLAINS LEGAL ELEMENTS OF THE CRIME OF CONSPIRACY, WITH EMPHASIS ON CALIFORNIA LAW.
Abstract
THE STIUATION PRESENTED (CONSPIRACY TO COMMIT ARSON AND BURGLARY) COVERS WITHDRAWAL FROM THE CONSPIRACY, AND SELECT RULES OF TRIAL EVIDENCE RELEVANT TO POLICE INVESTIGTION. CONSPIRACY AND AIDING AND ABETTING ARE ALSO COMPARED AND CONTRASTED. IT IS EXPLAINED THAT A CONSPIRATOR MAY WITHDRAW FROM A CONSPIRACY AND THEREBY ESCAPE RESPONSIBILITY FOR FUTURE CRIMINAL ACTS COMMITTED FURTHERANCE OF THE CONSPIRACY. BUT HIS WITHDRAWAL MUST IN SOME WAY BE BROUGHT HOME TO HIS CONFEDERATES BEFORE COMMISSION OF HIS SUBSTANTIVE OFFENSE. WHEN AND IF A CONSPIRATOR WITHDRAWAL FROM THE CONSPIRACY IS IMPORTANT NOT ONLY IN DETERMING FOR WHICH CRIMES HE IS RESPONSIBLE, THE ACT OF WITHDRAWAL MAY AFFECT THE ADMISSIBILITY OF HIS STATEMENTS INTO EVIDENCE AT TRIAL. TWO SPECIAL RULES OF EVIDENCE APPLY IN CONSPIRACY TRIALS - LIMITED ADMISSION OF OUT-OF-COURT HEARSAY STATEMENTS OF CO-CONSPIRATORS AND REQUIRED CORROBORATION OF CO-CONSPIRATORS' STATEMENTS. FOR PART ONE OF THIS FILM, SEE NCJ-39088. (AUTHOR ABSTRACT)...ELW