Law Commons^™

Federal Criminal Conspiracy, Todd R. Russell, O. Carter Snead

Journal Articles

Under 18 U.S.C. § 371, it is a crime for "two or more persons [to] conspire . . . to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose."

This Article first outlines, in Section I, the basic elements of a conspiracy offense under § 371. Defenses available to challenge charges brought under the statute are discussed in Section III of the Article. Section IV presents the evidentiary and constitutional guidelines governing admissibility of co-conspirator hearsay testimony at trials involving conspiracy charges. Section V surveys …

Condemned By Substance And Process: A Comment On "Doubly Condemned": Adjustments To The Crime And Punishment Regime In The Late Slavery Period In The British Caribbean Colonies And "Under The Present Mode Of Trial, Improper Verdicts Are Very Often Given": Criminal Procedure In The Trials Of Slaves In Antebellum Louisiana, Raymond T. Diamond

Journal Articles

No abstract provided.

Reflections On Reves V. Ernst & Young: Its Meaning And Impact On Substantive, Accessory, Aiding Abetting And Conspiracy Liability Under Rico, G. Robert Blakey, Kevin P. Roddy

Journal Articles

In March 1993, accountants, attorneys and other professionals—who generally view RICO with suspicion—breathed a sigh of relief when they read the Washington Post: "People who lose money in thrifts and other businesses that go belly up because of wrongdoing can no longer use [RICO] to sue lawyers, accountants, or other advisers who played key roles in the enterprise." Unfortunately, this terse description of the Supreme Court's decision issued the previous day in Reves v. Ernst & Young may persuade professionals that they dropped an anchor in a tranquil safe-harbor, far from an exposure to the perils of the private enforcement …

After White V. Illinois: Fundamental Guarantees To A Hollow Right To Confront Witnesses, Patricia W. Bennett

Journal Articles

The thrust of this Article is three-fold: (1) to discuss the historical aspects of the Confrontation Clause and its interpretation by the United States Supreme Court, (2) to show that, with White v. Illinois, the Supreme Court lost its moorings with previous decisions and drifted into treacherous constitutional seas, and (3) to suggest a textual construction of the Confrontation Clause that would be harmonious with the hearsay rule while preserving the rights of the accused to face their actual accusers.

Habeas Corpus, Qualified Immunity, And Crystal Balls: Predicting The Course Of Constitutional Law, Kit Kinports

Journal Articles

After describing the basic legal and policy issues surrounding the qualified immunity defense and the use of novelty to explain procedural defaults in habeas cases, Part I of this article advocates a standard for both types of cases that asks whether a person exercising reasonable diligence in the same circumstances would have been aware of the relevant constitutional principles. With this standard in mind, Part II examines the qualified immunity defense in detail, concluding that in many cases public officials are given immunity even though they unreasonably failed to recognize the constitutional implications of their conduct. Part III compares the …

Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith

Journal Articles

The development of sophisticated fencing systems for the sale of stolen property to consumers has paralleled the industrialization of society. Although crimes against property and attempts to control them have ancient origins, most theft before the Industrial Revolution was committed for immediate consumption by the thieves and their accomplices rather than for redistribution in the market-place. Society's small population, inadequate transportation and communication systems, and technological inability to mass produce identical goods constrained large-scale fencing because there were few buyers and because stolen property could be readily identified. The unprecedented economic and demographic growth in eighteenth-century Europe, however, removed these …

Criminal Law And Procedure--Bringing It Home, Fernand N. Dutile

Journal Articles

When I first began teaching six years ago at the Catholic University Law School, one of the two sections of Criminal Law and Procedure assigned to me was approximately 33 % larger than the other. I remember feeling a considerable difference in atmosphere in the two sections, due to the numbers involved. In the smaller section, discussion seemed more intimate, more coherent, more shared by all the students. I felt able to know students better and more quickly. It is stunning now to realize that the larger section in that 1966-67 school year numbered 32 students! When I left Catholic …