Criminal conspiracy

“ Such prosecutions are appropriate to reach a combination united to accomplish defined criminal purposes; the concept of conspiracy is not an invitation to circumvent the safeguards in the prosecution of crime which are the special boast of our democratic society by making it a device to establish guilt, not on the basis of personal responsibility, but by association, and we should be at pains to forestall the implication that we have so extended it. My brother JACKSON has impressively shown the grave dangers of abuse to which conspiracy charges so readily lend themselves. ”

“ The laws of conspiracy have provided an effective substantive tool with which to confront the criminal groups. From a legal standpoint, organized crime continues to grow because of defects in the evidence-gathering process. ”

“ But the conspiracy concept also is superimposed upon many concerted crimes having no political motivation. It is not intended to question that the basic conspiracy principle has some place in modern criminal law, because to unite, back of a criminal purpose, the strength, opportunities and resources of many is obviously more dangerous and more difficult to police than the efforts of a lone wrongdoer. ”

“ A conspiracy is a combination by two or more men, persons or companies, to bring about, either an unlawful result by means lawful or unlawful, or a lawful result by unlawful means. Now so far the definition is admitted. Everybody agrees, both the labor leaders and the courts, on that definition—that when two or more people combine together to effect an unlawful object, it is a conspiracy; which is both a criminal offence under the laws of the land everywhere, and also gives the party injured a right to damages, that is, what we call a civil suit ”

“ It then stated:
'Conspirators about to commit crimes always expressly or implicitly agree to collaborate with each other to conceal facts in order to prevent detection, conviction and punishment. Thus the (Government's) argument is that even after the central criminal objectives of a conspiracy have succeeded or failed, an implicit subsidiary phase of the conspiracy always survives, the phase which has concealment as its sole objective. ”

“ The more radical proposition also is well-established that at common law and under some statutes a combination may be a criminal conspiracy even if it contemplates only acts which are not crimes at all when perpetrated by an individual or by many acting severally. ”

“ A conspiracy is a partnership in crime. United States v. Socony-Vacuum Oil Co., 310 U.S. 150, 253, 60 S.Ct. 811, 858, 84 L.Ed. 1129. Under § 37 of the Criminal Code, the basis of the present indictment, an overt act is necessary to complete the offense. [4] The statute of limitations, unless suspended, [5] runs from the last overt act during the existence of the conspiracy. Brown v. Elliott, 225 U.S. 392, 401, 32 S.Ct. 812, 815, 56 L.Ed. 1136. The overt acts averred and proved may thus mark the duration, as well as the scope, of the conspiracy. ”

“ No formal agreement is necessary to constitute an unlawful conspiracy. Often crimes are a matter of inference deduced from the acts of the person accused and done in pursuance of a criminal purpose. Where the conspiracy is proved, as here, from the evidence of the action taken in concert by the parties to it, it is all the more convincing proof of an intent to exercise the power of exclusion acquired through that conspiracy. ”

“ The Act of 1875 had so modified the old conspiracy law that no combination to do what would not be punishable by imprisonment if done by a single person could be made the subject of a criminal proceeding. ”

“ But the proposition wholly fails to give effect to the provisions of the conspiracy statute (U.S. Rev. Stat. § 5440, U.S.C.omp. Stat. 1901, p. 3676) , which clearly renders it criminal for two or more persons to conspire to commit any offense against the United States, provided only that one or more of the parties to the conspiracy do an act towards effecting the object of the conspiracy. ”

“ A conspiracy is sufficiently described as a combination of two or more persons, by concerted action, to accomplish a criminal or unlawful purpose, or some purpose not in itself criminal or unlawful, by criminal or unlawful means, and the rule is accepted, as laid down by Chief Justice Shaw in Com. ”

“ The rule of that case does service where the conspiracy was one to commit offenses of the character described in the substantive counts. Aiding and abetting has a broader application. It makes a defendant a principal when he consciously shares in any criminal act whether or not there is a conspiracy. And if a conspiracy is also charged, it makes no difference so far as aiding and abetting is concerned whether the substantive offense is done pursuant to the conspiracy. ”

“ In all these cases, conspiracy is treated as a crime sui generis; and therefore the conspirators are punishable for conspiracy regardless of whether a murder, a fraud, or even a mere attempt at such crimes has been committed in any given case.
According to German terminology, we would say that conspiracy is one of the cases where even preparation of a crime is punishable. Such cases are known to German criminal law. The partner in an agreement for committing a crime against life is punishable. ”

“ As we have seen, this is the rule, whether all the conspirators are indicted or not; whether they are all on trial or not. "It is not material what the nature of the indictment is, provided the offense involve a conspiracy. Upon indictment for murder, for instance, if it appear that others, together with the prisoner, conspired to perpetrate the crime, the act of one done in pursuance of that intention would be evidence against the rest." ”

“ Civilisation is a conspiracy. What value would your police be if every criminal could find a sanctuary across the Channel, or your law courts if no other tribunal recognised their decisions? Modern life is the silent compact of comfortable folk to keep up pretences. And it will succeed till the day comes when there is another compact to strip them bare." ”

“ You prove that men conspire precisely as you prove them guilty of larceny or murder or any other crime or misdemeanor. It has been suggested to you that as conspiracy is very hard to prove you should not require much evidence; that you should take into consideration the hardships of the Government in proving a crime which in its nature is secret. Nearly all crimes are secret. Very few men steal publicly, with a band of music and with a torch in each hand. ”

“ I am to prove that there is a conspiracy of crime so well organised, so widespread, so amazing in its daring, that the police of all the civilised countries are at present unable either to imagine or to defeat it—I am to do this or pay the supreme penalty of failure, ignominious and irrevocable. ”

“ The court went too far in admitting testimony on the general question of conspiracy.
Doubtless, in all cases of conspiracy, the act of one conspirator in the prosecution all, and is evidence against all. U.S. v. all, and is evidence against all. ”

“ To fasten a crime upon an innocent man is in itself a hideous crime, and by the very nolle prosse of this indictment a conspiracy was shown to exist which, had the district attorney of that day felt his whole duty, he would have disentangled by thoroughly sifting the evidence. ”

“ Now, these gentlemen bring forward a law to protect the United States Government, and they bring that forward as an evidence of conspiracy, as evidence of a fraud. Nothing could be more unfair, nothing on earth could show a greater want of character. ”

“ As the trial opened, and the charges if the indictment were made public, all sympathisers with the conspiracy affected to disbelieve its existence, and raised their eyes and hands to Heaven, in pious horror, and prayed that justice might be meted out to the accused, who were, they claimed, the best of citizens, the most devout Christians, the most zealous patriots, the most earnest advocates of law and order, and that their accusers might be shunned of all good men forever. ”

“ If he was not a conspirator and a party to this great crime, how comes it that from that hour to this no man has seen him in the capital, nor has he been reported anywhere outside of Canada, having arrived at Montreal, as the testimony shows, on the 18th of April, four days after the murder? Nothing but his conscious coward guilt could possibly induce him to absent himself from his mother, as he does, upon her trial. Being one of these conspirators, as charged, every act of his in the prosecution of this crime is evidence against the other parties to the conspiracy. ”

“ That case was submitted to the jury on the theory that 'the indictment alleges that the conspiracy comprehended within it a conspiracy to conceal the true facts from investigation * * *.' Did the conspiracy end when the 'no prosecution' rulings were issued, the Court charged, 'or was a part of the conspiracy a continuing agreement to conceal the acts done pursuant thereto?' The effect of the charge was that if there was such a continuing agreement, then the prosecution was timely. ”

“ Thus the conspiracy doctrine will incriminate persons on the fringe of offending who would not be guilty of aiding and abetting or of becoming an accessory, for those charges only lie when an act which is a crime has actually been committed. ”

“ The evidence of many witnesses shows the existence of a wonderful conspiracy in the neighbourhood of Essex Market police-court, headed by politicians, including criminals, professional bondsmen, professional thieves, police, and those who lay plots against the unwary, and lead them into habits of law-breaking, or surround them with a network of false evidence, and then demand money as the price of salvation, and if they do not receive it, drag their victims into court and prison, and often to a convict’s cell.... ”

“ They further admit a belief that the degrees of criminality in the individuals who compose the conspiracy, are very different, as it appears to be a principle with the authors of this institution to cloak their real design under false colours. Can we desire a stronger proof of the warm attachment of the people to these measures, than that the leaders of a wicked conspiracy, such as that disclosed in the report, have been enabled by holding them forth as their ostensible objects, to organize a force so formidable, as almost to brave the strength of the established government? ”

“ I have shown you that they are false; that they are without the slightest shadow of foundation in fact. Now, gentlemen, after you hear all this evidence, it is for you to determine. It is for you to say whether these men entered into a conspiracy to defraud this Government. It is for you to say whether our testimony is to be believed, or whether you are to decide this case upon the suspicions of the Government. It is for you to say whether you will believe the contracts and the witnesses, or whether you will take the prejudice of the public press ”

“ I should tell you that a conspiracy to murder public persons, however important their situations may be, if arising from private malice, and not intended to bring about any other object, does not constitute the crime of high treason. ”

“ You can see that this is precisely like any other offence in the world. Men when they commit crimes endeavor to get away from the public eye. They are in love with darkness. They do not carry torches in front of them. And it is so in every crime. But whether conspiracy is difficult to prove or not, it must be established before you can find the defendants guilty. That is a difficulty that the Government must overcome by testimony. The jury must not endeavor to overcome it by a verdict. ”

“ Finally, item 162 calls for the seizure of "any and all fruits, instrumentalities, and evidence (at this time unknown) of the crimes of conspiracy, obstruction of justice and theft of government property in violation of 18 U.S.Code ss 371, 1503 and 641 which facts recited in the accompanying affidavit make out." ”

“ The same rules which apply to the offence of conspiracy as a misdemeanor, apply equally to all crimes committed by concert up to the crime of high treason, which is often established by evidence of the distinct actings of separate parties breathing the same purpose, and immediately conducing to the same end. ”

“ Or, admitting a conspiracy, do they mean to deny only that Frank Knapp, the prisoner at the bar, was abetting in the murder, being present, and so deny that he was a principal? If a conspiracy is proved, it bears closely upon every subsequent subject of inquiry. ”

“ The refusal of the court at the request of the defendants to dismiss the indictment on the ground that the formation of a conspiracy to induce persons not to register as they were required under the law to do and the performance of overt acts to carry out the conspiracy constituted no offense. ”

“ If he, the alleged head and front of the conspiracy, is to be and can be so tried, upon what ground of right, of fairness or of policy, can the parties who are charged to have been his mere instruments be deprived of the same mode of trial? ”

“ For it is most often true, especially in broad schemes calling for the aid of many persons, that after discovery of enough to show clearly the essence of the scheme and the identity of a number participating, the identity and the fact of participation of others remain undiscovered and undiscoverable. Secrecy and concealment are essential features of successful conspiracy. The more completely they are achieved, the more successful the crime. ”