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NCJ Number: 49869 Find in a Library
Title: CONSPIRACY AND CRIMINAL LAW REFORM
Journal: CRIMINAL LAW REVIEW  Dated:(AUGUST 1976)  Pages:483-500
Author(s): J ANDREWS
Corporate Author: Sweet and Maxwell
Marketing Director
United Kingdom
Date Published: 1976
Page Count: 17
Sponsoring Agency: Sweet and Maxwell
London, NW3 3PF, England
Format: Article
Language: English
Country: United States of America
Annotation: PROPOSALS BY THE LAW COMMISSION ON CONSPIRACY AND CRIMINAL LAW REFORM TO CHANGE BRITAIN'S CONSPIRACY LAW, PRIMARILY BY CONFINING THE OFFENSE OF CONSPIRACY TO CONSPIRACY TO COMMIT CRIMINAL OFFENSES, ARE EXAMINED.
Abstract: THE COMMISSION RECOMMENDS THAT CONSPIRACY AT COMMON LAW BE ABOLISHED AS AN OFFENSE, EXCEPT IN SO FAR AS IT RELATES TO CONSPIRACY TO CHEAT AND DEFRAUD. THE COMMISSION'S REPORT PRESENTS A NUMBER OF RELATED PROPOSALS CONCERNING SENTENCING AND PROCEDURES, AS WELL AS VARIOUS SUBSTANTIVE LAW REFORMS RECOMMENDED IN LIGHT OF THE MAIN PROPOSAL. IT IS SUGGESTED THAT THE ASPECTS OF THE REPORT MOST LIKELY TO GIVE RISE TO DEBATE ARE THE SECTIONS ON CONSPIRACY TO TRESPASS AND THE OFFENSES OF ENTERING AND REMAINING ON PROPERTY, AND CONSPIRACIES RELATING TO PUBLIC MORALS AND DECENCY. GROUNDS ON WHICH EXISTING CONSPIRACY LAW OFTEN IS ATTACKED--THAT CONSPIRACY CHARGES COMPLICATE CRIMINAL PROCEEDINGS, AND THAT THE LAW SOMETIMES IMPOSES CRIMINAL LIABILITY FOR ACTS DONE IN CONCERT WHICH COULD NOT RESULT IN CRIMINAL LIABILITY WERE THEY DONE BY AN INDIVIDUAL ACTING ALONE--ARE NOTED, AS ARE COMMISSION RECOMMENDATIONS THAT SPEAK TO THESE CRITICISMS. REASONS FOR RETAINING A CRIME OF CONSPIRACY ARE CITED IN RESPONSE TO THE ARGUMENT THAT, IF THE OFFENSE OF CONSPIRACY IS TO BE CONFINED TO CONSPIRACY TO COMMIT WHAT IS IN ANY CASE A CRIME, THE CRIME OF CONSPIRACY ITSELF SERVES NO PURPOSE. ONE SUCH REASON IS THAT THE CONSPIRACY CHARGE ALLOWS FOR THE PROSECUTION OF PEOPLE WHO ARE INVOLVED IN PLANNING AND ORGANIZING A CRIME, BUT NOT IN CARRYING IT OUT. THE COMMISSION'S TREATMENT OF THE ELEMENTS OF THE CRIME OF CONSPIRACY IS REVIEWED, AS ARE COMMISSION RECOMMENDATIONS REGARDING CONSPIRACY BETWEEN HUSBAND AND WIFE, EXEMPTION FROM PROSECUTION FOR CONSPIRACY TO COMMIT AN OFFENSE FOR WHICH PROSECUTION HAS BEEN EXEMPTED, CONVICTON OF ONLY ONE OF TWO CONSPIRATORS, THE JOINDER OF CONSPIRACIES AND SUBSTANTIVE OFFENSES, CONSPIRACY TO COMMIT SUMMARY OFFENSES, AND CONSPIRACIES RELATING TO PUBLIC MORALS AND DECENCY (OBSCENITY IN FILMS AND LIVE PERFORMANCES, INDECENT EXPOSURE, ETC.) THE DISCUSSION CLOSES WITH COMMENTS ON THE PROCESS OF LAW REFORM IN BRITAIN. (LKM)
Index Term(s): Conspiracy; Great Britain/United Kingdom; Law reform
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49869

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