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.

Documents

Steven R. Morrison, Requiring Proof of Conspiratorial Dangerousness, 88 Tul. L. Rev. 483 (2014)

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