JDPriestly
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Thu Dec-16-10 01:50 PM
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What is a federal conspiracy? |
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Some information from the web on the law of conspiracy The general federal conspiracy statute makes it a crime for "two or more persons 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."(1) It is distinct from the substantive crime contemplated and is charged as a separate offense.(2) Conspiracy is one of the most commonly charged federal crimes.(3) The Supreme Court has described the gravity of the conspiracy offense: For two or more to confederate and combine together to commit or cause to be committed a breach of the criminal laws, is an offense of the gravest character, sometimes quite outweighing, in injury to the public, the mere commission of the contemplated crime. It involves deliberate plotting to subvert the laws, educating and preparing the conspirators for further and habitual criminal practices. And it is characterized by secrecy, rendering it difficult of detection, requiring more time for its discovery, and adding to the importance of punishing it when discovered.(4) . . .
There are four elements necessary for proving a criminal conspiracy, each of which the prosecution must prove beyond a reasonable doubt.(12) A conspiracy exists where: (1) there is an agreement between the parties; (2) to achieve an illegal goal; (3) with knowledge of the conspiracy and with actual participation in the conspiracy; and (4) at least one conspirator committed an overt act in furtherance of the conspiracy.(13)
http://www.questia.com/googleScholar.qst;jsessionid=35BBD7A5F73AEBD174E0641B263987F2.inst3_3b?docId=5000287148
On the history of laws regarding conspiracies:
http://legal-dictionary.thefreedictionary.com/Conspiracy
The question is, of course, whether freedom of the press protects those who publish information obtained illicitly. If the purpose of an alleged conspiracy such as stealing government (arguably public) information is to publish it in media, either the internet or the press, then are the theft and the conspiracy as well as the publication protected by the First Amendment?
Newspapers surreptitiously obtain information about scandals all the time. Sometimes they even get Pulitzers for turning some informant in the office of the mayor of a major city and printing the story. Could a reporter who aggressively pursues a story about corruption that involves uncovering secret information from the U.S. government be accused of participating in a conspiracy?
Of course, neither I nor anyone else can know for sure. This will be very interesting.
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