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In
criminal law Criminal law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its env ...
, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one
overt act In criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property Property (''latin: Res Privata'') in the Abstract and concrete, abstra ...
be undertaken in furtherance of that agreement, to constitute an offense. There is no limit on the number participating in the conspiracy and, in most countries, no requirement that any steps have been taken to put the plan into effect (compare
attempt An attempt to commit a crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lind ...

attempt
s which require proximity to the full offense). For the purposes of
concurrence In Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, co ...
, the ''
actus reus ''Actus reus'' (), sometimes called the external element or the objective element of a crime, is the Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally spoke ...
'' is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally,
repentance Repentance is reviewing one's actions and feeling contritionIn Christianity, contrition or contriteness (from the Latin ''contritus'' 'ground to pieces', i.e. crushed by guilt) is repentance for sins one has committed. The remorseful person is s ...
by one or more parties does not affect liability (unless, in some cases, it occurs ''before'' the parties have committed overt acts) but may reduce their
sentence Sentence(s) or The Sentence may refer to: Common uses * Sentence (law), the punishment a judge gives to a defendant found guilty of a crime * Sentence (linguistics), a grammatical unit of language * Sentence (mathematical logic), a formula not cont ...
. An unindicted co-conspirator, or unindicted conspirator, is a person or entity that is alleged in an
indictment An indictment ( ) is a criminal accusation A criminal accusation is the process of declaring one's belief A belief is an attitude Attitude may refer to: Philosophy and psychology * Attitude (psychology) In psychology Psycholog ...
to have engaged in conspiracy, but who is not charged in the same indictment. Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns.


England and Wales


Common law offence

At
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
, the crime of conspiracy was capable of infinite growth, able to accommodate any new situation and to criminalize it if the level of threat to
society A society is a group A group is a number A number is a mathematical object used to counting, count, measurement, measure, and nominal number, label. The original examples are the natural numbers 1, 2, 3, 4, and so forth. Numbers can be ...

society
was sufficiently great. The
court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''Sta ...

court
s were therefore acting in the role of the
legislature A legislature is an deliberative assembly, assembly with the authority to make laws for a Polity, political entity such as a Sovereign state, country or city. They are often contrasted with the Executive (government), executive and Judiciary, ...
to create new offences and, following the Law Commission Report No. 76 on Conspiracy and Criminal Law Reform, the
Criminal Law Act 1977 The Criminal Law Act 1977 (c.45) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body A legislature is a deliberative assembly with the authority to make laws for a Polit ...
produced a statutory offence and abolished all the common law varieties of conspiracy, except two: that of conspiracy to defraud, and that of conspiracy to corrupt public morals or to outrage public decency.


Conspiracy to defraud

Section 5(2) of the
Criminal Law Act 1977 The Criminal Law Act 1977 (c.45) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body A legislature is a deliberative assembly with the authority to make laws for a Polit ...
preserved the common law offence of conspiracy to defraud. Conspiracy to defraud was defined in ''Scott v Commissioner of Police of the Metropolis'' per Viscount Dilhorne:


Conspiracy to corrupt public morals or to outrage public decency

Section 5(3) Criminal Law Act 1977 preserved the common law offence of conspiracy to corrupt public morals or of conspiracy to outrage public decency. Conspiracy to corrupt public morals is an offence under the common law of England and Wales. Conspiracy to outrage public decency is an offence under the common law of England and Wales. Section 5(1) of the
Criminal Law Act 1977 The Criminal Law Act 1977 (c.45) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body A legislature is a deliberative assembly with the authority to make laws for a Polit ...
does not affect the common law offence of conspiracy if, and in so far as, it can be committed by entering into an agreement to engage in conduct which tends to corrupt public morals, or which outrages public decency, but which does not amount to or involve the commission of an offence if carried out by a single person otherwise than in pursuance of an agreement. One authority maintains that conspiracy to "corrupt public morals" has no definitive case law, that it is unknown whether or not it is a substantive offence, and that it is unlikely that conspirators will be prosecuted for this offence.
These two offences cover situations where, for example, a publisher encourages immoral behavior through explicit content in a magazine or periodical, as in the 1970 case of ''Knuller (Publishing, Printing and Promotions) Ltd v Director of Public Prosecutions'', which ultimately was decided in 1973 by the House of Lords. In the 1991 case of ''R v Rowley'', the defendant left notes in public places over a period of three weeks offering money and presents to boys with the
intention Intentions are mental states A mental state, or a mental property, is a state of mind of a person. Mental states comprise a diverse class including perception, pain experience, belief, desire, intention, emotion, and memory. There is controversy c ...
of luring them for immoral purposes, but there was nothing lewd, obscene or disgusting in the notes, nor were they printed by a newsmagazine at the behest of Rowley, which would have invoked the element of conspiracy. The judge ruled that the
jury A jury is a sworn body of people (the jurors) convened to render an impartial Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice holding that decisions should be based on objectivity (philosophy), objective ...

jury
was entitled to look at the purpose behind the notes in deciding whether they were lewd or disgusting. On appeal against
conviction In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by ...
, it was held that an act outraging public decency required a deliberate act which was in itself lewd, obscene or disgusting, so Rowley's motive in leaving the notes was irrelevant and, since there was nothing in the notes themselves capable of outraging public decency, the conviction was quashed.


Statutory offence

This offence was created as a result of the Law Commission's recommendations in their Report, Conspiracy and Criminal Law Reform, 1976, Law Com No 76. This was part of the Commission's programme of codification of the criminal law. The eventual aim was to abolish all the remaining common law offences and replace them, where appropriate, with offences precisely defined by statute. The common law offences were seen as unacceptably vague and open to development by the courts in ways which might offend the principle of certainty. There was an additional problem that it could be a criminal conspiracy at common law to engage in conduct which was not in itself a criminal offence: see Law Com No 76, para 1.7. This was a major mischief at which the 1977 Act was aimed, although it retained the convenient concept of a common law
conspiracy to defraudConspiracy to defraud is an offence under the common law of England and Wales England and Wales () is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom, parts of the United Kingdom. England and Wales f ...
: see Law Com No 76, paras 1.9 and 1.16. Henceforward, according to the Law Commission, it would only be an offence to agree to engage in a course of conduct which was itself a criminal offence. Section 1(1) of the
Criminal Law Act 1977 The Criminal Law Act 1977 (c.45) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body A legislature is a deliberative assembly with the authority to make laws for a Polit ...
provides: Section 1A (inserted by the
Criminal Justice (Terrorism and Conspiracy) Act 1998 350px, United States criminal justice system flowchart Criminal justice is the delivery of justice to those who have committed crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilita ...
, s5) bans conspiracies part of which occurred in England and Wales to commit an act or the happening of some other event outside the United Kingdom which constitutes an offence under the law in force in that country or territory. Many conditions apply including that prosecutions need consent from the
Attorney General #REDIRECT Attorney general In most common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinio ...
.


Exceptions

* Under section 2(1) the intended victim of the offence can not be guilty of conspiracy. * Under section 2(2) there can be no conspiracy where the only other person(s) to the agreement are:


''Mens rea''

There must be an agreement between two or more persons. The ''mens rea'' of conspiracy is a separate issue from the ''mens rea'' required of the substantive crime. Lord Bridge in ''R v Anderson'' – quoted in ''R v Hussain'' said: Lord Bridge in ''R v Anderson'' also said: It is not therefore necessary for any action to be taken in furtherance of the criminal purpose in order for a conspiracy offence to have been committed. This distinguishes a conspiracy from an attempt (which necessarily does involve a person doing an act) see
Criminal Attempts Act 1981 The Criminal Attempts Act 1981 (c 47) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdo ...
.


Things said or done by one conspirator

Lord Steyn in ''R v Hayter'' said:


History

According to
Edward Coke Sir Edward Coke ( "cook", formerly ; 1 February 1552 – 3 September 1634) was an English , judge, and politician who is considered the greatest jurist of the and eras. Born into an upper-class family, Coke was educated at , before leavin ...

Edward Coke
, conspiracy was originally a statutory remedy against false accusation and prosecution by "a consultation and agreement between two or more to appeal or indict an innocent man falsely and maliciously of felony, whom they cause to be indicted and appealed; and afterward the party is lawfully acquitted".Conspiracy, 1 Encyclopedia of Crime and Justice 241-2 (2d ed. 2002); James Burke, Sandord Kadish,Dan M. Kahan In ''
Poulterer's Case ''Poulterer's Case'', 77 Eng. Rep. 813 (K.B. 1611), is a legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on e ...
'', 77 Eng. Rep. 813 (K.B. 1611), the court reasoned that the thrust of the crime was the confederating of two or more, and dropped the requirement that an actual indictment of an innocent take place, whereby precedent was set that conspiracy only need involve an
attempt An attempt to commit a crime In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lind ...

attempt
ed crime, and that the agreement was the act, which enabled subsequent holdings against an agreement to commit any crime, not just that originally proscribed.


Conspiracy to trespass

In ''Kamara v Director of Public Prosecutions'', nine students, who were nationals of
Sierra Leone Sierra Leone (, also , ), officially the Republic of Sierra Leone, informally Salone, is a country on the southwest coast of West Africa West Africa or Western Africa is the westernmost region of . The defines Western Africa as the 17 co ...

Sierra Leone
, appealed their convictions for conspiracy to trespass, and unlawful assembly. These persons, together with others who did not appeal, conspired to occupy the London premises of the High Commissioner for Sierra Leone in order to publicize grievances against the government of that country. Upon their arrival at the Commission, they threatened the caretaker with an imitation firearm and locked him in a reception room with ten other members of the staff. The students then held a press conference on the telephone, but the caretaker was able to contact the police, who arrived, released the prisoners, and arrested the accused. In this case the Court felt that the public interest was clearly involved because of the statutory duty of the British Government to protect diplomatic premises. Lauton J. delivered the judgment of the Court of Appeal dismissing the appeal from conviction.


Conspiracy to corrupt public morals and conspiracy to outrage public decency

These offences were at one time tied up with prostitution and homosexual behaviour. After the Second World War, due to the fame of several convicts, the
Wolfenden report The Report of the Departmental Committee on Homosexual Offences and Prostitution (better known as the Wolfenden report, after Sir John Wolfenden, the chairman of the committee) was published in the United Kingdom on 4 September 1957 after a succes ...
was commissioned by government, and was published in 1957. Thereupon came the publication of several books, both pro and contra the report. Of these books we can isolate two representatives:
Lord Devlin Patrick Arthur Devlin, Baron Devlin, Privy Council of the United Kingdom, PC, Fellow of the British Academy, FBA (25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English High Court of Justic ...
wrote in favour of societal norms, or morals, while H. L. A. Hart wrote that the state could ill-regulate private conduct. In May 1965, Devlin is reported to have conceded defeat. The
Street Offences Act 1959 The Street Offences Act 1959 (7 & 8 Eliz 2 c 57) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the Uni ...
prohibited England's prostitutes from soliciting in the streets. One Shaw published a booklet containing prostitutes' names and addresses; each woman listed had paid Shaw for her advertisement. A 1962 majority in the House of Lords not only found the appellant guilty of a statutory offence (living on the earnings of prostitution), but also of the "common law misdemeanour of conspiracy to corrupt public morals".''Shaw v. D.P.P.''
962 Year 962 ( CMLXII) was a common year starting on Wednesday A common year starting on Wednesday is any non-leap year A leap year (also known as an intercalary year or wikt:bissextile, bissextile year) is a calendar year that contains an addi ...
A.C. 220 (H.L.).
In the case of ''Knuller (Publishing, Printing and Promotions) Ltd v. D.P.P.'' which was decided 1973 in the
House of Lords The House of Lords, formally The Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled, is the of the . Membership is by , or . Like the , it meets in the . ar ...

House of Lords
, the appellants were directors of a company which published a fortnightly magazine. On an inside page under a column headed "Males" advertisements were inserted inviting readers to meet the advertisers for the purpose of homosexual practices. The appellants were convicted on counts of # conspiracy to corrupt public morals, and # conspiracy to outrage public decency. The appeal on count 1 was dismissed, while the appeal on count 2 was allowed because in the present case there had been a misdirection in relation to the meaning of "decency" and the offence of "outrage". The list of cases consulted in the ''ratio decidendi'' is lengthy, and the case of ''Shaw v. D.P.P.'' is a topic of furious discussion.


Conspiracy to effect a public mischief

In ''Withers v Director of Public Prosecutions'', which reached the House of Lords in 1974, it was unanimously held that conspiracy to effect a public mischief was not a separate and distinct class of criminal conspiracy. This overruled earlier decisions to the contrary effect. The Law Commission published a consultation paper on this subject in 1975.


Conspiracy to murder

The offence of
conspiracy to murder Conspiracy to murder is a statutory offence defined by the intent to commit murder. England and Wales Conspiracy to murder is an offence by virtue of section 1(1) of the Criminal Law Act 1977. Mens rea: Although an intention to cause griev ...
was created in statutory law by section 4 of the
Offences Against the Person Act 1861#REDIRECT Offences Against the Person Act 1861 The Offences against the Person Act 1861 (24 & 25 Vict c 100) is an Act of the Parliament In modern politics and history, a parliament is a legislature, legislative body of government. Ge ...
.


Northern Ireland


Common law offence

See .


Statutory offence

Se
Part IV
of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)).


United States

Conspiracy has been defined in the United States as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions. A conspiracy does not need to have been planned in secret to meet the definition of the crime. Conspiracy law usually does not require proof of specific intent by the defendants to injure any specific person to establish an illegal agreement. Instead, usually the law requires only that the conspirators have agreed to engage in a certain illegal act. In most U.S. jurisdictions, for a person to be convicted of conspiracy, not only must he or she agree to commit a crime, but at least one of the conspirators must commit an overt act (the ''
actus reus ''Actus reus'' (), sometimes called the external element or the objective element of a crime, is the Latin Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally spoke ...
'') in furtherance of the crime. However, in '' United States v. Shabani'' the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a coun ...

U.S. Supreme Court
ruled that this "overt act" element is not required under the federal drug conspiracy statute, 21 U.S.C. section 846. The conspirators can be guilty even if they do not know the identity of the other members of the conspiracy. California criminal law is somewhat representative of other jurisdictions. A punishable conspiracy exists when at least two people form an agreement to commit a crime, and at least one of them does some act in furtherance to committing the crime. Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself. One example of this is the Han twins murder conspiracy case, where one twin sister attempted to hire two youths to have her twin sister killed. One important feature of a conspiracy charge is that it relieves prosecutors of the need to prove the particular ''roles'' of conspirators. If two persons plot to kill another (and this can be proven), and the victim is indeed killed as a result of the actions of either conspirator, it is not necessary to prove with specificity which of the conspirators actually pulled the trigger. (Otherwise, both conspirators could conceivably handle the gun, leaving two sets of fingerprints and then demand acquittals for both, based on the fact that the prosecutor would be unable to prove, beyond a reasonable doubt, which of the two conspirators pulled the trigger.) A conspiracy conviction requires proof that (a) the conspirators did indeed conspire to commit the crime, and (b) the crime was committed by ''an'' individual involved in the conspiracy. Proof of ''which'' individual it was is usually not necessary. It is also an option for prosecutors, when bringing conspiracy charges, to decline to indict all members of the conspiracy (though the existence of all members may be mentioned in an
indictment An indictment ( ) is a criminal accusation A criminal accusation is the process of declaring one's belief A belief is an attitude Attitude may refer to: Philosophy and psychology * Attitude (psychology) In psychology Psycholog ...
). Such ''unindicted co-conspirators'' are commonly found when the identities or whereabouts of members of a conspiracy are unknown, or when the prosecution is concerned only with a particular individual among the conspirators. This is common when the target of the indictment is an elected official or an
organized crime Organized crime is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally thought of as a form of i ...
leader, and the co-conspirators are persons of little or no public importance. More famously, President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States The president of the United States (POTUS) is the and of the . The president directs the of the and is the of the . The power o ...

Richard Nixon
was named as an unindicted co-conspirator by the
Watergate The Watergate scandal was a major political scandal in the United States involving the administration Administration may refer to: Management of organizations * Management Management (or managing) is the administration of an organiz ...
special prosecutor, in an event leading up to his eventual resignation.


Conspiracy against the United States

Conspiracy against the United States, or conspiracy to defraud the United States,§ 923
18 U.S.C. § 371—Conspiracy to Defraud the United States
U.S. Department of Justice's '' United States Attorneys' Manual''.
is a
federal offense Federal Bureau of Investigation Seal. The FBI is the main agency responsible for investigating federal offenses. In the United States The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a ...
in the
United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States of America
under . The crime is that of two or more persons who conspire to commit an offense against the United States, or to
defraud In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by i ...

defraud
the United States.


Conspiracy against rights

The United States has a federal statute dealing with conspiracies to deprive a citizen of rights secured by the
U.S. Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This founding document, originally comprising seven articles, delineates the national frame of government. Its first t ...

U.S. Constitution
.


Unindicted co-conspirators

The '' United States Attorneys' Manual'' generally recommends against naming unindicted co-conspirators, although their use is not generally prohibited by law or policy. Some commentators have raised due-process concerns over the use of unindicted co-conspirators. Although there have been few cases on the subject, the
Fifth Circuit Court of Appeals The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Un ...
addressed these concerns in 1975 ''United States v. Briggs''.


President Richard Nixon

The term ''unindicted co-conspirator'' was familiarized in 1974 when then U.S. President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States The president of the United States (POTUS) is the and of the . The president directs the of the and is the of the . The power o ...

Richard Nixon
was named as an unindicted co-conspirator in indictments stemming from the . Nixon was not indicted, because of concerns about whether the
United States Constitution The Constitution of the United States is the supreme law A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation An organization, or orga ...

United States Constitution
allowed the indictment of a sitting President (see
Executive privilege Executive privilege is the right of the president of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of th ...
).


President Donald Trump

The term ''unindicted co-conspirator'' made a resurgence in the public discourse when U.S. President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician A politician is a person active in party politics A political party is an organization that coordinates candidate A candidate, or nominee, is the prospective reci ...

Donald Trump
was allegedly named as an unindicted co-conspirator in the conviction of Trump's lawyer Michael Cohen for lying to congress, tax evasion, uttering fraudulent documents, and campaign finance offenses. Although Trump was not named explicitly, with the term "Un-indicted co-conspirator number 1" used instead, Michael Cohen subsequently testified in congress that "Un-indicted co-conspirator number 1" referred to Donald Trump.


Japan

The
United Nations special rapporteur Special rapporteur, independent expert, and working group member are titles given to individuals working on behalf of the United Nations (UN) within the scope of "special procedure" mechanisms who have a specific country or thematic mandate fro ...
Joseph Cannataci wrote a letter to the Japanese Prime-Minister,
Shinzō Abe Shinzo Abe (, ''Abe Shinzō''; ; born 21 September 1954) is a Japanese politician who served as Prime Minister of Japan and President of the Liberal Democratic Party (LDP) from 2006 to 2007 and again from 2012 to 2020. He is the longest-servin ...

Shinzō Abe
, expressing concerns about Anti-Conspiracy Bill. Hajime Yoshikawa is opposed to the Anti-Conspiracy Bill. Tadashi Shimizu is against the passed Anti-Conspiracy Bill. An opposition party recently accused the prime minister of influencing a government decision to fund and approve a veterinary school at a university owned by Mr Abe's friend.
Edward Snowden Edward Joseph Snowden (born June 21, 1983) is an American former computer intelligence consultant who leaked highly classified information from the National Security Agency The National Security Agency (NSA) is a national-level intelligenc ...

Edward Snowden
said "This is the beginning of a new wave of
mass surveillance Mass surveillance is the intricate surveillance of an entire or a substantial fraction of a population in order to monitor that group of citizens. The surveillance is often carried out by local and federal governments or intelligence agency, gov ...
in Japan, not well explained focuses on terrorism and everything else that's not related to terrorism – things like taking plants from the forestry reserve, And the only real understandable answer (to the government's desire to pass the bill)...is that this is a bill that authorizes the use of surveillance in new ways because now everyone can be a criminal. " And Snowden said it should include strong guarantees of human rights and privacy and ensure that those guarantees are "not enforced through the words of politicians but through the actions of courts." "This means in advance of surveillance, in all cases the government should seek an individualized warrant, and individualized authorization that this surveillance is lawful and appropriate in relationship to the threat that's presented by the police," he said.


International law

Conspiracy law was used at the
Nuremberg Trials #REDIRECT Nuremberg trials#REDIRECT Nuremberg trials#REDIRECT Nuremberg trials {{redirect category shell, {{R from other capitalisation{{R from move ... {{redirect category shell, {{R from other capitalisation{{R from move ...
{{redirect ...
for members of the Nazi leadership charged with participating in a "conspiracy or common plan" to commit international crimes. This was controversial because conspiracy was not a part of the European
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
tradition. Nonetheless, the crime of conspiracy continued in international criminal justice, and was incorporated into the international criminal laws against genocide. Of the
Big FiveBig Five may refer to: Animals * the Big five game, Big Five, large African wild animals said to be most difficult to hunt: lion, leopard, rhinoceros, elephant and Cape buffalo * Big Five animals of the Kaziranga National Park, Assam, India: Ind ...

Big Five
, only the
French Republic France (), officially the French Republic (french: link=no, République française), is a country primarily located in Western Europe Western Europe is the region of Europe Europe is a continent A continent is one of severa ...
exclusively subscribed to the
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
; the
USSR The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a socialist state that spanned Eurasia during its existence from 1922 to 1991. It was nominally a Federation, federal union of multiple national Republics of ...

USSR
subscribed to the
socialist law Socialist law or Soviet law denotes a general type of legal system The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. Howe ...
, the
U.S. The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country primarily located in North America North America is a continent entirely within the Northern Hemisphere and almost all ...

U.S.
and the
U.K. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shortha ...

U.K.
followed the
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
; and the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia. It shares Maritime boundary, maritime borders with the China, People's Republic of China (PRC) to the northwest, Japan to the northeast, and the Philippines to the sout ...

Republic of China
did not have a
cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money, property, or the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brin ...
at this particular proceeding. (In addition, both the
civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit *Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a member ...
and the
customary law A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudina ...
were upheld.) The jurisdiction of the
International Military Tribunal International is an adjective (also used as a noun) meaning "between nations". International may also refer to: Music Albums * ''International'' (Kevin Michael album), 2011 * ''International'' (New Order album), 2002 * ''International'' (The Th ...
was unique and extraordinary at its time, being a court convened under the
law of nations International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nation A nation is a community A community is a social unitThe term "level of anal ...

law of nations
and the
laws and customs of war The law of war is the component of international law that regulates the conditions for war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupa ...
. It was the first of its sort in human history, and found several defendants not guilty.


See also

*
Conspiracy (civil) A civil conspiracy or collusion is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective.174 ... for overpayments caused by price-fixing above the market rate. Th ...
*
Conspiracy (political) This is a list of political conspiracies. In a political context, a conspiracy refers to a group of people united in the goal of damaging, usurping, or overthrowing an established political power. Typically, the final goal is to gain power throug ...


Footnotes


References

* Fichtelberg, Aaron, "Conspiracy and International Criminal Justice" (2006) Criminal Law Forum Vol 17, No. 2. {{authority control Inchoate offenses Common law offences in England and Wales