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Conspiracy to Commit...What Exactly?

Gabe Rottman,
Legislative Counsel,
老澳门开奖结果 Washington Legislative Office
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August 18, 2007

Adam Liptak at the Times on the .

The central charge against Mr. Padilla was that he conspired to murder, maim and kidnap people in a foreign country. The charge is a serious one, and it can carry a life sentence. But prosecutors needed to prove very little by way of concrete conduct to obtain a conviction under the law.芒鈧揟here is no need to show any particular violent crime,芒鈧 said Robert M. Chesney, a law professor at Wake Forest University and the author of a recent law review article on conspiracy charges in terrorism prosecutions. 芒鈧揧ou don芒鈧劉t have to specify the particular means used to carry out the crime.芒鈧滻ndeed, the strongest piece of evidence in Mr. Padilla芒鈧劉s case was what prosecutors said was an application form Mr. Padilla filled out to attend a training camp run by Al Qaeda in Afghanistan in 2000.芒鈧揑t is a pretty big leap between a mere indication of desire to attend a camp and a crystallized desire to kill, maim and kidnap,芒鈧 said Peter S. Margulies, a law professor at Roger Williams University who has also written on conspiracy charges in terrorism prosecutions.The conspiracy charge against Mr. Padilla, Professor Margulies continued, 芒鈧搃s highly amorphous, and it basically allows someone to be found guilty for something that is one step away from a thought crime.芒鈧

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