''United States v. Shabani'', 513 U.S. 10 (1994), was a case in which the
Supreme Court of the United States clarified standards for
conspiracy
A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agre ...
liability under a federal drug conspiracy statute. In a unanimous opinion written by
Justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
Sandra Day O'Connor, the Court held that government prosecutors need not prove evidence of an
overt act
In criminal law, an overt act is the one that can be clearly proved by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Such an act, even if innocent ''per se'', can potentiall ...
in furtherance of the conspiracy when prosecuting individuals under the drug conspiracy statute codified at 21 U.S.C. § 846. Justice O'Connor wrote that Congress intended to "adopt the
common law
In law, common law (also known as judicial precedent, 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 opinions."The common law is not a brooding omnipres ...
definition" of conspiracy for section 846, which did not require an overt act as a precondition of liability. Justice O'Connor's opinion also compared the drug conspiracy statute to the general conspiracy statute, which requires that a conspirator commit an overt act in furtherance of the conspiracy, noting that "
light of this additional element in the general conspiracy statute, Congress' silence in § 846 speaks volumes."
[''Shabani'', 513 U.S. at 14.]
See also
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actus reus''
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List of United States Supreme Court cases, volume 513
This is a list of all the United States Supreme Court cases from volume 513 of the ''United States Reports
The ''United States Reports'' () are the official record ( law reports) of the Supreme Court of the United States. They include rulings, ...
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List of United States Supreme Court cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States.
By Chief Justice
Court historians and other legal scholars consider each Chief J ...
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Lists of United States Supreme Court cases by volume
The following is a complete list of cases decided by the United States Supreme Court organized by volume of the ''United States Reports'' in which they appear. This is a list of volumes of ''U.S. Reports'', and the links point to the contents of e ...
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References
External links
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1994 in United States case law
United States Supreme Court cases of the Rehnquist Court
Conspiracy (criminal)
United States Supreme Court cases
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