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Criminal Procedure

Boston College Law School

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The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy, Gregory Massing Apr 2012

The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy, Gregory Massing

Boston College Law School Faculty Papers

While the Model Penal Code was certainly one the most influential developments in criminal law in the past century, the American Law Institute (ALI) took a seriously wrong turn by recognizing a defense of “renunciation” to the crime of conspiracy. Under the Model Penal Code formulation, a member of a conspiracy who later disavows the agreement and thwarts its objective (for example, by notifying authorities of the planned crime in order to prevent its completion) is afforded a complete defense to conspiracy liability. This defense has enormous implications for crimes involving national security and terrorism, which are typically planned covertly ...


Case Note: Ashe V. Swenson: Collateral Estoppel, Double Jeopardy, And Inconsistent Verdicts, Mark S. Brodin Jan 1971

Case Note: Ashe V. Swenson: Collateral Estoppel, Double Jeopardy, And Inconsistent Verdicts, Mark S. Brodin

Boston College Law School Faculty Papers

The Supreme Court in Ashe v. Swenson held that the fifth amendment's guarantee against double jeopardy, applicable to the states through the fourteenth amendment, requires that a criminal defendant acquitted of a crime be able to invoke the doctrine of collateral estoppel in a later trial. Commentators had long urged such a rule, and though it has existed for some time in the federal courts, its elevation to a constitutional requirement is a significant step. The case invites consideration of the meaning and purpose of the double jeopardy guarantee and of the jury system itself. Specifically in regard to ...