Law in Contemporary Society

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BrayanASecondEssay 4 - 07 Jun 2022 - Main.BrayanA
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Conspiracy Doctrine: A Prosecutors Tool

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<		-- By BrayanA - 27 Apr 2022
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>		-- By BrayanA - 7 June 2022
 

The Crime of Conspiracy

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<		A common law conspiracy is an agreement between two or more persons to commit a criminal act or to accomplish a legal action by unlawful means. Examples would be two or more individuals plotting a robbery or a murder. It is an aspect of conspiracy crimes that the criminal objective – such as robbery or murder – need not be realized to punish the individuals criminally. Such is the case because the criminal justice system punishes individuals for something other than completing the offense. Thus, a prosecutor may convict a person of conspiracy before effectuating any acts in preparation for the substantive crime. Therefore, the crime of conspiracy is an unprecedented and highly controversial doctrine.
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>		A common law conspiracy is an agreement between two or more persons to commit a criminal act or to accomplish a legal action by unlawful means. Examples would be two or more individuals plotting a robbery or a murder. It is an aspect of conspiracy crimes that the criminal objective – such as robbery or murder – need not be realized to punish the individuals criminally. Such is the case because the criminal justice system punishes individuals for something other than completing the offense. Thus, a prosecutor may convict a person of conspiracy before effectuating any acts in preparation for the substantive crime. Most egregious, however, is how conspiracy undermines the rules of evidence and turns the doctrine into an unjust prosecutorial tool making the crime of conspiracy an unprecedented and highly controversial doctrine.
 Proponents of conspiracy crimes divide justifications for conspiracy into the "specific object" and "group-danger" rationales (See Developments). The specific object rationale emphasizes preventative law enforcement through the use of conspiracy as an inchoate offense. Generally, the conspiracy doctrine justifies police intervention much earlier than is permitted under attempt law. As for the group danger rationale, the proponents claim that inherent dangers exist in collective criminal actions that do not exist on the individual level. Yet, either of these rationales fails to address conspiracy law’s fundamental issues.

Revision 4r4 - 07 Jun 2022 - 22:23:42 - BrayanA
Revision 3r3 - 07 Jun 2022 - 02:59:59 - BrayanA
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