About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

35 Geo. L. J. 328 (1946-1947)
Common Law Conspiracy

handle is hein.journals/glj35 and id is 338 raw text is: COMMON LAW CONSPIRACY BENJAMIN F. POLLACK* 0 VER one hundred and fifty years ago a legal scholar delivering a lecture on law is said to have made the observation that Natural law is the rule of human action prescribed by the Creator, and discovered by the light of reason .. ., and distinguishable from the arbitrary law which he said is a rule of action applied to all persons, and is prescribed by the Supreme power in a state; he further stated that . . . one is from God, the other human.1 Viewed from the perspective of a viola- tion of natural law, a basis for the validity of the current war trials may be found in the theory of common law conspiracy. There are cer- tain acts that are inherently criminal, and such are certainly those which can be universally recognized as violations of natural laws. Just as the law of criminal conspiracy developed to meet the social demands of a change of times, so may an international law of conspiracy be established, and for the same reasons. Whether or not the doctrine of an international law of conspiracy has developed sufficiently to afford a legal justification to the Nurem- berg trials or that of the Japanese leaders, such a development, if it is to come, may be similar to the development of the common law rule of criminal conspiracy in Anglo-American Jurisprudence. The following examination of the authorities attempts to trace the origin and develop- ment of this rule. It-should be stated at the outset that, while the language of the courts and the principles of law expounded in opinions rendered on conspiracy indictments based on statutory law seem similar to those enunciated in instances of indictments on common law conspiracy, there is a substan- tial difference between these cases. This discussion will be concerned solely with the principles of law pertaining to indictments for criminal conspiracy at common law. In this connection it must be observed that the common law is not the source of jurisdiction in the federal courts, as there are no common law offenses against the United States. Offenses can become the subject of an indictment in the courts of the United *A.B. Harvard, 1919; LL.B., 1921; Member of Lands Division, Department of justice since 1936, now detailed to the office of the Assistant to the Attorney General. Member of the bar of Massachusetts. The views here expressed are those of the author and should in no way be considered those of the Department of justice. 2(1832) 3 LEGAL EXAiraIER 242.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most