NCJ Number
79316
Journal
FBI Law Enforcement Bulletin Volume: 50 Issue: 9 Dated: (September 1981) Pages: 24-31
Date Published
1981
Length
6 pages
Annotation
This article reviews a number of major cases in which courts have analyzed the 'chain' and 'wheel' conspiracy configurations and have used them to determine the scope of and membership in one or more conspiracies.
Abstract
One difficulty in analyzing the evidence in conspiracy cases stems from the common-law notion that the substance of the offense was the making of an agreement to commit a readily identifiable crime, such as robbery or murder. This leads some courts to focus on what the individual coconspirators agreed to. This unilateral approach is typified by the case of United States v. Borelli. However, most courts are more sympathetic to the threat posed to society by the kinds of crimes, such as narcotics conspiracy, that require complex illegal businesses engaging in prolonged unlawful conduct. This more pragmatic approach is known as the bilateral approach. A successful conspiracy prosecution may depend upon the ability of the prosecutor to fashion the proof in such a way as to shift the court and jury's examination of the evidence away from the agreement of each participant and toward the organization formed to commit the crime. The article concludes that a conspiracy prosecution can be a devastating law enforcement weapon if used properly. The history of the present law of criminal conspiracy and its use is considered in part 1 of this article, NCJ 79055.