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Essay 1

1. RICO chapter 18

What is RICO?

What is the purpose of RICO?

What must a prosecutor prove in order to obtain a RICO conviction?

Give examples of the types of “predicate acts” which are subject to RICO.

*3 full pages in length;

* Minimum of 3 sources;

Essay 2

2. Conspiracy and Street Gang Participation

Prosecutors like charging conspiracy crimes, in part because they can charge a defendant with both the underlying crime and the conspiracy (See Chapter 4), and if convicted, get tougher sentences.

California makes it a crime to participate in a criminal street gang, which is defined to mean any group having a common name and a pattern of criminal gang activity.

Can a gang member be convicted of conspiracy to commit the crime of criminal street gang participation?

The court in People v. Johnson, 140 Cal. Rptr. 3d 711 (Cal. App. 2012) said no. Why not? The California Supreme Court accepted review of the decision, 282 P.3d 1216 (2012).

What do you think will be the result?

* minimum of 2 full pages in length;

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