The Treatment of Preliminary Issues of Fact in Conspiracy Litigations: Putting the Conspiracy Back into the Coconspirator Rule

Authors

Lawrence W. Kessler, Maurice A. Deane School of Law at Hofstra UniversityFollow

Abstract

It is the thesis of this article that the admissibility of coconspirators' statements is a matter that must be decided by the jury. This approach, which is the traditional mode, presently competes for judicial favor with a revisionary rule. The revisionary rule places responsibility for deciding the preliminary issue with the judge, and, in at least the Second Circuit, permits admission without proof sufficient to create a prima facie case. The traditional approach better resolves the policy question. It is also a procedure that is mandated by the Federal Rules of Evidence.

Recommended Citation

Kessler, Lawrence W. (1976) "The Treatment of Preliminary Issues of Fact in Conspiracy Litigations: Putting the Conspiracy Back into the Coconspirator Rule," Hofstra Law Review: Vol. 5: Iss. 1, Article 5.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol5/iss1/5