Federal Criminal Law: Conspiracy

An initial court appearance where the defendant: learns the charges against them, is informed of their rights, and can consult with a lawyer.

A court hearing where the judge decides if the defendant should be released on bail or detained until trial.

A hearing where the government must present evidence to convince the court that there's probable cause to hold the defendant.

An event where the defendant formally hears the charges and enters a plea (guilty, not guilty, etc.).

A group of citizens who investigate serious crimes by reviewing evidence, hearing testimony, and deciding whether to issue an indictment.

A legal document issued by the grand jury that formally accuses a person of a crime.

A subpoena that requires a witness to appear and testify in court.

A subpoena that compels a person to produce specific documents or evidence in court.

A legal principle that protects the secrecy of grand jury proceedings and information.

A treaty establishing procedures for handling the arrest of foreign nationals.

A process for informing a foreign national's consular representative about an arrest, as outlined by the Vienna Convention.

Individuals with diplomatic immunity who are largely exempt from US criminal jurisdiction.

Members of Congress who have limited immunity from arrest while Congress is in session.

Individuals under the age of 18 who are subject to special legal procedures in criminal cases.

The process of law enforcement officers providing information to probation officers to assist in preparing a presentencing report.

A covert deployment involves LEOs moving inconspicuously toward the forward area of the aircraft without verbal identification or scans.

A serious threat of bodily harm, such as displaying a weapon, a credible bomb threat, or a threat of hijacking. This triggers an emergency declaration and landing at the nearest airport.

A direct attack on the flight deck door, even with just hands and no weapons present. This is the highest priority situation, with immediate landing at the nearest airport.

A designated position for LEOs on board an aircraft, providing the best tactical advantage, typically with the back against the flight deck door.

The least risky location to place an Improvised Explosive Device (IED) on board an aircraft. It's usually near the back of the plane, ensuring a directed outward blast.

A situation that poses an immediate danger to the aircraft's integrity and requires a swift response from LEOs, for example, a fire or a potential explosive device.

The process of bringing an IED to the back of the aircraft, with the crew member under positive control by the LEO.

LEO's must notify the aircrew at least 24 hours in advance when escorting a prisoner, ensuring proper staffing and security protocols.

When escorting a prisoner, Armed LEOs must maintain complete control of their weapon and keep it concealed while onboard the aircraft.

Armed LEOs flying armed must check in at least 1 hour in advance, presenting credentials, second form of ID, boarding pass, Notice of LEO flying armed, and a Unique Federal Agency Number.

An appellate court that reviews decisions made in the lower district courts. It doesn't conduct trials, only hears appeals.

The trial courts in the federal court system, where cases are first heard.

Lower level federal courts that handle minor offenses and preliminary proceedings.

The legal obligation of the government to disclose exculpatory evidence to the defendant.

The legal obligation of the government to disclose information that could impeach a government witness.

The legal obligation of the government to provide the defense with prior statements made by witnesses.

The rule that requires the government to disclose certain statements made by the defendant to a government agent.

A formal document that charges someone with a petty offense, like a traffic ticket.

A document used to formally charge someone with a felony or misdemeanor, initiating the criminal process.

A document similar to a criminal complaint but prepared by a federal prosecutor.

An indictment issued by a grand jury, formally accusing someone of a felony.

The legal means of bringing a defendant before a magistrate judge. It can be done with or without a warrant.

A legal process where a judge verifies that the arrested person is the same person named in the warrant.

A hearing to decide whether a defendant arrested in one district should be transferred to another district for trial.

The first court appearance after arrest, where the defendant is informed of charges, rights and possible detention.

A conspiracy requires two or more people who intentionally agree to violate the law or defraud the United States. This agreement doesn't have to be formal or in writing, and can be proven by circumstantial evidence.

A person who doesn't count towards the required two parties for a conspiracy includes undercover agents, people wishing others 'good luck', and those lacking mental capacity.

Knowledge means awareness of the conspiracy's existence, its overall plan or purpose, and at least one other involved person. Intent means a conscious decision to participate and help the conspiracy succeed.

An overt act is any action taken to help the crime after the agreement is made. It doesn't need to be criminal in nature, and one act by one member is enough to create a conspiracy.

An agreement to violate the law or defraud the US is criminal after an overt act occurs. This agreement can be implied and doesn't require formal words. Relationships with coconspirators can be evidence.

Conspirators are responsible for their own actions and those of other members that were reasonably foreseeable or done in furtherance of the conspiracy, even if they were not directly involved.

A person who withdraws from a conspiracy before an overt act is committed is not criminally liable. However, a late joiner is still responsible for all actions committed after they joined, even those committed before they joined, regardless of when an overt act occurred.

A person's criminal liability depends on their actions, knowledge, intent, and the timing of their involvement in a conspiracy. The government must prove beyond a reasonable doubt that all elements of the crime are present.

Individuals who join a conspiracy after an overt act has taken place, but before the conspiracy ends. They are considered criminally responsible for acts that happen after they join, even if they don't commit an overt act themselves.

An act that clearly shows a person is no longer participating in a conspiracy. It must be communicated to a co-conspirator or law enforcement. For example, taking weapons from a stash and notifying the police.

The act of taking someone else's property with the intent to permanently deprive them of its use. This can include stealing or taking property that was entrusted to you, with intent to keep it.

The act of misusing property that was entrusted to you, with the intent to permanently deprive the rightful owner of its use. For example, a postal employee pocketing cash receipts instead of depositing them.

Using government property for personal use, even if you had lawful access to it. An example is using a government vehicle for personal errands.

Knowingly receiving stolen, embezzled, or converted government property, even if you didn't take it yourself, with the intent to deprive the government of its use.

This Act addresses crimes related to false identification documents, including production, possession, transfer, and use of fake IDs. It targets anyone who knowingly and without lawful authority engages in these activities.

The National Stolen Property Act criminalizes transporting stolen property across state lines, making it a federal crime even if the theft itself occurred locally.

This law covers aiding and abetting others in committing criminal acts. Even if you don't directly participate in the crime, you can be charged if you help someone else commit it. This can include providing advice, assistance, or encouragement.

Using the mail or wire communications to defraud others. This includes using the mail or wire to promote a scheme designed to deceive and take money from victims.

Refers to a group of individuals who share extremist views or beliefs that are significantly outside the norm of society.

Refers to individuals who are motivated by extremist ideologies and are willing to engage in violence to achieve their goals.

A type of violent act that is directed at a particular individual or group, often with the goal of causing harm or intimidation.

Involves a violent act or an act dangerous to human life, property, or infrastructure, intended to intimidate or coerce a population or influence government policy through intimidation.

A foreign terrorist organization designated by the US Department of State as engaging in terrorist activities, often based in a foreign country.

An individual operating in the United States who supports or engages with a Foreign Terrorist Organization (FTO).

An individual based in the United States who has radicalized to an extremist belief held domestically, without influence from a foreign terrorist organization.

The first phase of radicalization, involving the development of a grievance and the formation of an ideology that motivates extremist actions.

The second phase of radicalization, involving the mobilization of resources, planning, and preparation for violent acts.

An environment that offers many potential victims and lacks robust security measures, thus making it vulnerable to terrorist attacks.

A location that has strong defenses and security measures, making it difficult to attack.

A range of direct and indirect actions taken against terrorist networks to make the global environment less hospitable to their operations.

Defensive measures implemented to reduce the vulnerability of individuals and property to terrorist attacks.

A system used to detect and prevent future terrorist attacks by documenting and reporting encounters with individuals who may pose a threat.

A specific legal jurisdiction that applies to crimes committed on board an aircraft after all external doors are closed and until the first external door is opened to allow passengers out.

A criminal act that involves two or more people who agree to commit a crime or defraud the United States. This agreement doesn't need to be formal or in writing and can be proven by circumstantial evidence.

LEOs are required to know the identity and seat location of all other armed personnel on board the aircraft during the flight.

LEOs use a system of threat levels to determine the appropriate response to security incidents on board the aircraft.

Level 4 involves a direct attack on the flight deck door, even with just hands and no weapons present. This is the highest priority situation, with immediate landing at the nearest airport.

A person operating in the United States who engages with, advocates for, or supports a Foreign Terrorist Organization (FTO). They may be from anywhere and can participate in FTO activities within the US.

A US-based individual who has radicalized to a domestically held extremist belief without influence from a Foreign Terrorist Organization (FTO). Their ideologies are often driven by domestic issues or concerns.

The 13 Courts of Appeals are appellate courts that review decisions from the lower District Courts. They don't conduct trials, only hear appeals.

District Courts are trial courts in the federal system, where cases are first heard. They are presided over by a single judge.

Magistrate Courts are lower-level federal courts handling petty offenses and preliminary proceedings. They are often appointed by District Court judges.

The Brady Doctrine requires the government to disclose any evidence favorable to the defendant, even if not requested, that may cast doubt on guilt or lessen punishment.

The Giglio rule obliges the government to disclose any information, including past criminal history or evidence of lying or bias, that might be used to impeach the credibility of a government witness.

The Jenks Act and Federal Rule 26.2 require the government to provide the defense with prior statements from any witness, allowing for effective cross-examination.

Federal Rule 16 requires the government to disclose certain statements made by the defendant to a government agent. This includes oral statements and prior criminal records.

A Violation Notice/Citation is used for petty offenses like traffic violations or Class B/C misdemeanors. It starts a formal criminal process.

A Criminal Complaint is filed with a Magistrate Judge to initiate a formal criminal process for any type of crime. It is written by a law enforcement officer.

A Criminal Information is a document similar to a Criminal Complaint but filled out by a federal prosecutor. It charges with a violation of a federal law.

A Criminal Indictment is issued by a Grand Jury, accusing someone of a felony. It's used to authorize taking the case to trial.

A Warrantless Arrest happens if a law enforcement officer has probable cause for a felony or observes a misdemeanor in progress. The arrested individual must be informed.

An Arrest with Warrant happens after a law enforcement officer files a Criminal Complaint or Information, and a Magistrate Judge issues a warrant.

An Initial Appearance is held after an arrest where the defendant learns the charges, receives their rights, and can consult with an attorney. It may also include detention hearing

A Detention Hearing is held to determine if the defendant is a flight risk or a danger to the community. Judges can make decisions about bail or detention.

A preliminary hearing requires the government to present evidence showing probable cause for the defendant's arrest. It's necessary for felonies and Class A misdemeanors unless waived or an indictment exists.

At an arraignment, the defendant receives a copy of the charges, hears them read, and formally enters a plea: guilty, not guilty, or no contest.

The grand jury is an independent group that reviews evidence and decides whether to issue an indictment, formally accusing someone of a crime, for serious felonies. It can also investigate crimes within its district.

The Vienna Convention on Consular Relations establishes procedures for notifying foreign nationals of their right to access their consulate when arrested.

If a foreign national is arrested, LEOs must immediately notify their consulate if their nation is on the mandatory notification list, even if the individual doesn't want to be notified.

Diplomats are not subject to US jurisdiction for official or personal activities. Verify their status through the Department of State before taking action.

Members of Congress have arrest immunity while Congress is in session, except for serious felonies or breaches of peace.

After arresting a juvenile, immediately notify them of their Miranda rights, contact their parents/guardians, take them to the magistrate judge quickly, and avoid releasing information to the press.

LEO's must provide information and fully cooperate with probation officers in preparing a presentencing report for a defendant.

An Ad Testificandum subpoena requires a witness to appear and testify, while a Duces Tecum subpoena requires the individual to provide specific documents and testify about them.

Grand jury proceedings are kept secret, and only certain individuals, like LEOs and AUSAs, have access to this information. Limited disclosures are allowed for legal purposes.

Conspiracy requires an agreement between two or more people to commit a crime with intent to violate the law or defraud the United States. This agreement doesn't need to be formal and can be implied.

Conspirators are responsible for their own acts and those of other members that were reasonably foreseeable or done to advance the conspiracy, even if they didn't directly participate.

A person withdrawing from a conspiracy before an overt act is committed is not criminally liable, but late joiners are responsible for all actions after joining, even those committed before their involvement.

Joining a conspiracy after an overt act has occurred but before the conspiracy ends. Late joiners are responsible for all actions committed after they join, even acts committed before they joined, regardless of when an overt act occurred.