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EVERYONE who wonders about conspiracies ought to read this! http://www.onlinejournal.com/Special_Reports/Higdon111401/higdon111401.htmlThe common law definition of conspiracy is quite simple. An agreement between two or more persons to do either an unlawful act, or a lawful act by unlawful means. And frankly, early in common law, neither the act nor the means needed to be unlawful, but merely wrongful. But for the sake of simplicity in our examination, the crime has developed over the years to where a minimum of two people must reach agreement to either seek a lawful purpose by unlawful means, or an unlawful purpose by any means. The conspirators need not carry out their goal through any spoken or written contract, but actions alone can imply the agreement between them if their actions suggest that such acts would not have been carried out absent an agreement.
This touches, somewhat, on the reason that we recognize such a crime to begin with. For surely we could simply convict anyone who commits a crime, agreed on with someone else or not, of the crime he actually committed. The problem arises where some of the members of the conspiracy carry out no illegal act whatever, and achieve no benefit from the target crime. They conduct purely legal activity and achieve their benefits from those lawful acts, so that others may benefit from the unlawful result. The law provides that participation in the conspiracy itself is a crime so that the lawful actor, knowingly seeking the occurrence of an unlawful event, will not escape liability.<snip> Over time, the law has recognized three types of conspiracies. First is the simple conspiracy that we commonly think of where, for instance, two or more get together with the intention of robbing a bank. The second is most often referred to as a "chain link" conspiracy, the best example of which is a series of drug deals, from manufacturer to the street dealer. Each group of individuals go about their function, committing illegal transaction after illegal transaction. Each link is only vicariously criminally liable for the crimes of the other links if they have known of the specific role of each link, as each link carries out its unlawful activity.
When Hillary Clinton talks of a "vast right wing conspiracy" to bring down her husband, the mainstream media calls to mind the first type; discrediting the notion that large numbers of individuals in the courts, in the press, in business, and in politics must have sat in some convention hall somewhere to devise a common plan to attack her husband, and then to have maintained the secret. But, in fact, what the former First Lady was referring to was a third type of conspiracy. Commonly called a "hub and wheel," or a "spoke and wheel" conspiracy. It is the most intricate, and the most difficult for a prosecutor to prove. It requires a minimum of people in the hub with actual knowledge of the overall plan, as long as the hub has diverse influence over the various spokes. This is the type of conspiracy that is most common in corporate crimes, such as anti-trust, free trade infringements, and SEC violations.(much more...) As I said, truly a must-read! sw
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