Racketeer Influenced and Corrupt Organizations Act (RICO) - scope of liability after Reves v. Ernst & Young - Second Circuit holds liable only those who operate or manage the enterprise; First Circuit extends liability to all in chain of command

Article Abstract:

The First and Second Circuits reached different conclusions in interpreting the Supreme Court decision in Reves v. Ernst & Young, which held that RICO applied only to employees involved in 'operation or management' of a racketeering enterprise. In United States v. Viola, the Second Circuit applied Reves strictly to find that low-level employees could not be prosecuted under RICO. However, the First Circuit held in United States v. Oreto that any employee in the 'chain of command' is liable. The problem may prompt Congress to clarify the statute.

Workers, Racketeering

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Criminal law - jury nullification - Second Circuit holds that juror's intent to nullify is just cause for dismissal

Article Abstract:

The US 2d Circuit Court of Appeals in 1997's United States v. Thomas went too far by instructing trial judges to prevent jury nullification through the method of juror dismissals for just cause under Federal Rule of Criminal Procedure 23(b). The court discarded long-standing precedent which neither punishes for acts of nullification nor officially condones them. The standard for dismissal the court used recognizes the need for, but cannot fully protect, the secrecy of jury deliberations.

Criminal justice, Administration of, Administration of criminal justice, Jury nullification

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Criminal law - First Amendment - First Circuit defines threat in the context of federal threat statutes

Article Abstract:

The US 1st Circuit Court of Appeals in 1997's United States v. Fulmer applied a test for determining what constitutes threatening communications under federal statutory law which could threaten 1st Amendment rights. The court's patently objective test was applied by reference to the subjective element of listeners' reactions. That subjective element could result in jury verdicts based on prejudice and a chilling effect on speech.

Threats, Threats (Law)

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