A person who has been identified by law enforcement as a member of a conspiracy, but who has not been named in the fellow conspirator’s indictment. • Prosecutors typically name someone an unin-dicted coconspirator because any statement that the unindicted coconspirator has made in the course and fur-therance of the conspiracy is admissible against the […]
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co-conspirator’s rule 〈美〉共谋者规则 依传闻规则中的「共谋者的例外」〔co-conspirator exception〕，共谋者促成共谋行为的言行可作为对被告人不利的证据予以采纳，即使在作出该言行时被告人不在场亦不例外。
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coconspirator’s exception. An exception to the hearsay rule whereby one conspirator’s acts and statements, if made during and in furtherance of the conspiracy, are admissible against a defendant even if the statements are made in the defendant’s absence. See Fed. R. Evid. 801(d)(2)(E). — Also termed coconspirator’s rule. See HEARSAY. [Cases: Criminal Law 422–428; Evidence
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See unindicted coconspirator under COCONSPIRATOR.
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coconspirator. A person who engages in a criminal conspiracy with another; a fellow conspirator. — Also spelled co-conspirator. See CONSPIRATOR. [Cases: Conspiracy 1.1, 23.1, 39. C.J.S. Conspiracy §§ 2–3, 8, 14–17, 98, 100–103, 110, 134, 137.] unindicted coconspirator. A person who has been identified by law enforcement as a member of a conspiracy, but who
unindicted conspirator. See unindicted coconspirator under COCONSPIRATOR.
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conspirator, n. A person who takes part in a conspiracy. unindicted conspirator. See unindicted coconspirator under COCONSPIRATOR.
James hearing. A court proceeding held to determine whether the out-of-court statements of a coconspirator should be admitted into evidence, by analyzing whether there was a conspiracy, whether the declarant and the defendant were part of the conspiracy, and whether the statement was made in furtherance of the conspiracy. United States v. James, 590 F.2d