The Law of Criminal Conspiracy, Essay Example

Please discuss the law of criminal conspiracy

In US v. Gotti et al. US 641 F. (1986) the Defendants were charged with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO).Application of legal policy to judicial decision is important in this case, in that prosecution was forced to argue against preclusion evidentiary admission in the proceedings. Some evidence proffered by the prosecution was allowed, however, and indictment for RICO violations was pursuant to Fed. R. Evid. 803 (22) making convictions of a felony exception to the hearsay rule (Baumgartel 2006). The prosecution was successful in introduction of misdemeanor charges with attendant proof that the defendants had met all elements needed to sustain the rule elements. Defense countered the ‘catch all’ conditions of admissibility, and that there was no verifiable way of determining knowledge, intent and collaboration in enterprise and operation of organized and illegal business.

The prosecution was successful in indictment of Gotti et al. based on RICO violations in two counts: 1) the defendants were evidenced to be the leadership of a part of the “Gambino Crime Family” which constitutes an associated “enterprise” within the meaning of  18 U.S.C. § 1961(4) that was used by those parties to conspired and commission violations of  18 U.S.C. § 1962(d), ‘racketeering activities;’ and 2) that each defendant violated 18 U.S.C. § 1962(c) by participating the affairs of the enterprise through a ‘pattern’ of racketeering activity. Without exception, the pattern of ‘agreement’ supported prosecution and ultimately felony offenses of defendants charged with transactions that might have otherwise led to misdemeanor convictions.

References

Baumgartel, S. The Crime of Associating with Criminals? An Argument for Extending the Reves “Operation or Management” Test to RICO Conspiracy.  Journal of Criminal Law & Criminology, v. 97 no1, 1-48. (Fall 2006).

Ohlin, J.D. Group Think: The Law of Conspiracy and Collective Reason. Journal of Criminal Law & Criminology, v. 98 no1, 147-206. (Fall 2007).

United States of America v. John Gotti et al., Defendants. No. 85 CR 178. United States District Court for the Eastern District of New York. 641 F. Supp. 283; 1986 U.S. Dist. LEXIS 22638; 22 Fed. R. Evid. Serv. (Callaghan) 708.