What is the current state of the law on civil conspiracy?

California, United States of America


The following excerpt is from Castro v. Superior Court, 88 Cal.Rptr. 500, 9 Cal.App.3d 675 (Cal. App. 1970):

20 Such an approach would comply with the requirement that in the First Amendment area laws must be 'couched in the narrowest terms that will accomplish the pinpointed objective permitted by constitutional mandate and the essential needs of the public order.' (Carroll v. President and Commissioners of Princess Anne, 393 U.S. 175, 183, 89 S.Ct. 347, 352, 21 L.Ed.2d 325.)

21 In United States v. Bufalino, 2 Cir., 285 F.2d 408, 417, the court, speaking of the problems encountered into a typical conspiracy case, says: 'Courts have long indulged in the somewhat naive supposition that jurors can properly assess such evidence and determine from it the individual guilt of each of many defendants. * * *'

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