NACDL - Morrison, Requiring Proof of Conspiratorial Dangerousness

Morrison, Requiring Proof of Conspiratorial Dangerousness

This Article argues that to impose criminal liability, prosecutors ought to be required to prove a conspiracy's dangerousness. In doing so, it also provides insight into conspiracy law that Katyal and Goldstein leave unilluminated. Their opinions on conspiracy's dangerousness diverge because they assume different group data sets: Katyal views only criminal conspiracies, and Goldstein views groups in general. This Article applies a neutral, systemic analysis where theirs do not and thus generates workable, effective reforms where theirs cannot.