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  • Essay / Criminal Conspiracy in Historical Common Law - 1075

    Criminal Conspiracy in Historical Common LawThe law of conspiracy is considerably more complex and uncertain than it should be because statutory reform in this area is largely contained in Part I of the Criminal Law Act 1977. was only partial. As a result, there are now two types of conspiracies: statutory conspiracies governed by the 1977 Act, and a significant but limited range of common law conspiracies, expressly retained by the Act, still governed by the old common law rules (Tomlins and King, 1992). The most recent of the conspiracies are the conspiracy to defraud, the conspiracy to corrupt public morals and the conspiracy to outrage public decency; legal conspiracy involves any agreement to commit a crime. According to Scheb & Scheb (2011), the main objective of the reform of this system was to temporarily curb the ongoing revision and also to reform the law relating to fraud, offense and indecency as shaping the outlook of society as a whole. The law has now been reformed by the Fraud Act 2006, in which the government is waiting to see how the law works before proposing changes relating to or abolishing common law conspiracy to defraud. The Department of Justice published a post-legislative assessment of the 2006 Fraud Act, Cmnd 8372, in June 2012, which focused on the idea of ​​continued conspiracy to commit fraud and so it will be a long time before there is a change. Major problems were encountered in the early years after the Act's passage over how the preserved common law conspiracy to defraud fit together with the new statutory conspiracy to commit a crime, an agreement of fraud will necessarily involve an agreement to commit a substantial offense involving dishonesty, such as theft or the new crime of fr...... middle of paper ......ssouri or the larger United States. Such crimes are prosecutable and perpetrators are unlikely to get away with minimal penalties; judges and the justice system as a whole must fairly bring perpetrators of such acts to justice in the region. Works CitedDressler, J. (2010). Criminal law. Eagan, MN: Thomson/West.Great Britain. (1987). Criminal law: Conspiracy to defraud. London: HMSOHerring, J. (2007). Criminal law. Basingstoke [England: Palgrave Macmillan. Scheb, J.M. and Scheb, J.M. (2011). Criminal law and criminal procedure. Belmont, CA: Wadsworth Cengage Learning. Tomlins, CL and King, AJ (1992). Labor Law in America: Historical and Critical Essays. Baltimore: Johns Hopkins University Press. Winfield, P.H. (2001). The story of conspiracy and abuse of legal process. Washington, DC: BeardBooks.