2.88 CONTINUING CRIMINAL ENTERPRISE / 21 U.S.C. Sec. 848

• Category: Federal - Jury Instructions - 10th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-10THCIR-2-88
• Format: Word

Description

https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf 2.88 CONTINUING CRIMINAL ENTERPRISE / 21 U.S.C. Sec. 848 is a federal crime that involves a group of individuals working in concert to engage in a pattern of criminal activity. It is also known as a "kingpin" or "racketeering" statute, and is most commonly used to prosecute organized crime. The statute requires that the group of individuals must have as its purpose the commission of a felony violation of the Controlled Substance Act or other specified federal statutes. In order to be convicted, the prosecution must prove that the group of individuals has a continuing series of violations over a period of time. There are two types of 2.88 CONTINUING CRIMINAL ENTERPRISE / 21 U.S.C. Sec. 848: “Organizer” and “Manager.” The “Organizer” type requires that the defendant actively participate in the planning and organizing of the criminal enterprise. The “Manager” type requires that the defendant actively manage or supervise the activities of the criminal enterprise. The penalty for 2.88 CONTINUING CRIMINAL ENTERPRISE / 21 U.S.C. Sec. 848 is very severe and can result in life imprisonment. It is important to note that this crime is very difficult to defend against as it requires the prosecution to show that the defendant was an active participant in the criminal enterprise.

2.88 CONTINUING CRIMINAL ENTERPRISE / 21 U.S.C. Sec. 848 is a federal crime that involves a group of individuals working in concert to engage in a pattern of criminal activity. It is also known as a "kingpin" or "racketeering" statute, and is most commonly used to prosecute organized crime. The statute requires that the group of individuals must have as its purpose the commission of a felony violation of the Controlled Substance Act or other specified federal statutes. In order to be convicted, the prosecution must prove that the group of individuals has a continuing series of violations over a period of time. There are two types of 2.88 CONTINUING CRIMINAL ENTERPRISE / 21 U.S.C. Sec. 848: “Organizer” and “Manager.” The “Organizer” type requires that the defendant actively participate in the planning and organizing of the criminal enterprise. The “Manager” type requires that the defendant actively manage or supervise the activities of the criminal enterprise. The penalty for 2.88 CONTINUING CRIMINAL ENTERPRISE / 21 U.S.C. Sec. 848 is very severe and can result in life imprisonment. It is important to note that this crime is very difficult to defend against as it requires the prosecution to show that the defendant was an active participant in the criminal enterprise.