Conspiracy: The Criminal Agreement in Theory and in Practice
William & Mary Law School
Georgetown Law Journal, Vol. 65, No. 4, 1977
William & Mary Law School Research Paper No. 09-82
Professor Marcus combines empirical research and theoretical analysis in this comprehensive study of the conspiracy doctrine. The article shows that the theoretical reasons for the conspiracy doctrine are inapplicable to most actual conspiracy prosecutions and that the practical reasons for conspiracy charges are often unacceptable prosecutorial shortcuts. Although ultimately concluding that the conspiracy doctrine is needed in some limited instances, Professor Marcus indicates that prosecutors should bring conspiracy charges only when justified by proper reasons and that courts should consider such charges more carefully.
Number of Pages in PDF File: 46
Keywords: conspiracy, doctrine, prosecution, court, and chargeAccepted Paper Series
Date posted: March 4, 2011
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