krulewitch argued january decided march jocob friedman new york city petitioner robert ginnane washington respondent krulewitch justice black delivered opinion federal district indictment charged three counts petitioner woman defendant induced persuaded another woman go october new york city miami florida purpose prostitution violation transported caused transported new york miami purpose violation conspired commit offenses violation tried alone petitioner convicted three counts indictment appeals affirmed see disposition prior appeal granted certiorari limiting review consideration alleged error admission certain hearsay testimony petitioner timely repeated objections challenged testimony elicited government complaining witness person petitioner woman defendant allegedly induced go new york florida purpose prostitution testimony narrated following purported conversation complaining witness petitioner alleged woman defendant asked says di talk yet says says says get lawyer says careful say ca put exact words said better us two girls take blame kay defendant stand stand take time alleged conversation month half october date complaining witness gone miami whatever original conspiracy may existed petitioner alleged cause complaining witness go florida october longer existed reported conversation took place december latter date trip florida complaining witness left florida returned new york resumed residence furthermore time conversation took place complaining witness alleged conspirator petitioner arrested apparently charged district florida offense petitioner convicted beyond doubt central aim alleged transportation complaining witness florida either never existed long since ended success failure alleged made statement attributed cf lew moy statement plainly implied petitioner guilty crime trial made petitioner absence government made effort whatever show made authority testimony thus stands unsworn declaration petitioner guilt hearsay declaration attributed made pursuant furtherance objectives conspiracy charged indictment made objectives either failed achieved circumstances hearsay declaration attributed alleged admissible theory made furtherance alleged criminal transportation undertaking fiswick brown graham although government recognizes chief objective prostitution ended success failure reported conversation took place nevertheless argues admissibility hearsay declaration one furtherance continuing subsidiary objective conspiracy argument runs way conspirators commit crimes always expressly implicitly agree collaborate conceal facts order prevent detection conviction punishment thus argument even central criminal objectives conspiracy succeeded failed implicit subsidiary phase conspiracy always survives phase concealment sole objective appeals adopted view viewed alleged hearsay declaration one furtherance continuing subsidiary phase conspiracy part implied agreement conceal consequently held declaration properly admitted accept government contention many logical practical reasons advanced special evidentiary rule permits statements one conspirator used another howver cogent reasons fir ly established made furtherance objectives going conspiracy statements admissible exceptions hearsay rule prerequisite admissibility hearsay statements conspirators admissible others must made furtherance conspiracy charged scrupulously observed federal courts government asks us expand narrow exception hearsay rule hold admissible declaration made furtherance alleged criminal transportation conspiracy charged made furtherance alleged implied uncharged conspiracy aimed preventing detection punishment federal case cited government suggests hospitable reception use hearsay evidence convict conspiracy cases government contention find support state opinions cited government brief none appear recognition broad exception hearsay rule urged rule contended government results rule plausible arguments generally made conspiracy cases statements offered evidence tended shield conspirators persuaded adopt government implicit conspiracy theory criminal conspiracy cases create automatically breach general rule admission hearsay evidence contended statement attributed alleged conspirator merely cumulative evidence without statement case petitioner strong hold error harmless kotteakos said error held less harmless error statute upon consideration record left grave doubt whether error substantial influence bringing verdict doubt florida district grand jury failed indict indictment new york petitioner tried four times following results mistrial conviction mistrial conviction recommendation leniency revolting type charges made petitioner complaining witness makes difficult believe jury convinced strong case recommended leniency corroborative evidence complaining witness certain phases case vital phases involving sordid criminal features jury compelled choose believing petitioner complaining witness record persuades us jury task difficult best say erroneous admission hearsay declaration may weight tipped scales petitioner reversed justice jackson concurring judgment opinion case illustrates present drift federal law conspiracy warrants comment characteristic long evolution elastic sprawling pervasive offense history exemplifies principle expand limit logic unavailing protest courts growing habit indict conspiracy lieu prosecuting substantive offense addition suggests loose practice offense constitutes serious threat fairness administration justice modern crime conspiracy vague almost defies definition despite certain elementary essential also takes special coloration many independent offenses may overlaid always dominantly mental composition consists primarily meeting minds intent crime comes us wrapped vague unpleasant connotations sounds historical undertones treachery secret plotting violence scale menaces social stability security state conspiracy ranks sedition rebellion litany prayer deliverance conspiratorial movements indeed lie back political assassination coup putsch revolution seizures power modern times history conspiracy concept also superimposed upon many concerted crimes political motivation intended question basic conspiracy principle place modern criminal law unite back criminal purpose strength opportunities resources many obviously dangerous difficult police efforts lone wrongdoer also may trivialized conspiracy consists concert loathsome panderer prostitute go new york florida ply trade see details appear simple mann act prosecution vindicate majesty federal law however even appropriately invoked looseness pliability doctrine present inherent dangers background judicial thought wherever sought extend doctrine meet exigencies particular case conspiracy federal law aggravates degree crime unconcerted offending act confederating commit misdemeanor followed even innocent overt act execution felony even misdemeanor never consummated radical proposition also common law statutes combination may criminal conspiracy even contemplates acts crimes perpetrated individual many acting severally thus conspiracy doctrine incriminate persons fringe offending guilty aiding abetting becoming accessory charges lie act crime actually committed attribution criminality confederation contemplates act criminal carried one conspirators practice peculiar law little doubt wide definition crime conspiracy originates criminal equity administered star chamber fact advised modern law conspiracy almost entirely result manner conspiracy treated star chamber doctrine commend jurists despite universal recognition organized society must legal weapons combatting organized criminality countries devised consider discriminating principles upon prosecute criminal gangs secret associations subversive syndicates recent tendency appeared expand elastic offense facilitate proof pinkerton sustained conviction substantive crime proof participation knowledge upon novel dubious theory conspiracy equivalent law aiding abetting doctrines conspiracy invoked criminal prosecution also civil proceedings damages injunction administrative proceedings apply regulatory statutes resorted military commissions least one notable occasion civil courts open time place punish offense conspiracy concept employed prosecute laborers combining raise wages formed basis abuse labor injunction national labor relations act et found necessary provide concerted labor activities otherwise lawful rendered unlawful mere concert fields concert may still crime though contemplates acts lawfully interchangeable use conspiracy doctrine civil well penal proceedings opens danger absent case many crimes mind civil sanctions approve lax practices later imported criminal proceedings civil proceedings frankly made end test means saying require greater showing cripple act griffith dispensing necessity specific intent produce result violative statute dispensed even necessity infer definite agreement although gist offense elementary unlawful conspiracy may often formed without simultaneous action agreement part conspirators masonite one might go reports lower courts put together decisions condoning absence proof demonstrate minimum proof required establish conspiracy extremely low may expect pronouncements civil cases followed criminal ones also course prosecutors rather courts determine use scatter gun bring defendant procedural advantages using add danger unguarded extension concept accused sixth amendment right trial impartial jury state district wherein crime shall committed leverage conspiracy charge lifts limitation prosecution reduces protection phantom crime considered vagrant committed district one conspirators one acts however innocent intended accomplish object government may often compel one defend great distance place ever act accused confederate trivial innocent act chosen district circumstances may even enable prosecution fix place trial washington defendant may lawfully put trial jury partly even wholly made employees government accuses cf frazier trial starts accused feels full impact conspiracy strategy strictly prosecution first establish prima facie conspiracy identify co spirators evidence acts declarations course execution admissible order proof sprawling charge difficult judge control practical matter accused often confronted hodgepodge acts statements others may never authorized intended even known help persuade jury existence conspiracy words conspiracy often proved evidence admissible upon assumption conspiracy existed naive assumption prejudicial effects overcome instructions jury cf blumenthal practicing lawyers know unmitigated fiction see skidmore baltimore ohio trial conspiracy charge doubtless imposes heavy burden prosecution especially difficult situation defendant hazard loose application rules evidence aggravated government institutes mass trials moreover federal practice rule preventing conviction uncorroborated testimony accomplices many jurisdictions comfort defendant expect induced follow practice caution jury much reliance upon testimony accomplices caminetti conspiracy trial occupies uneasy seat generally evidence wrongdoing somebody difficult individual make case stand merits minds jurors ready believe birds feather flocked together silent taken admit often happens prodded accusing contradicting convict many practical diffidulties defending charge conspiracy enumerate inadequately sketched background think decision case duced ominous expansion accepted law conspiracy prosecution allowed incriminate defendant means prostitute recital conversation defendant alleged conspirator trial conversation said taken place substantive offense accomplished defendant witness arrested witness two falling appeals sustained admission upon grounds stated follows think implicit conspiracy violate law agreement among conspirators conceal violation well illegal plan consummated thus conspiracy continue least purposes concealment even primary aims accomplished statements made effort protect appellant concealing role conspiracy consequently fell within implied agreement conceal admissible evidence appellant cf goldstein murray certiorari denied bryan implication directly contrary decline follow suppose person planning crime accept collaborator one thought rely help caught doubt fact warrants inference conspiracy purpose course understanding continuous aid proven embraced conspiracy evidence need imply agreement convincing evidence understanding need one implied difficult see logical limit conspiracy either duration means appear one overcome implication express credible evidence understanding existed way accused presumption raised terminate imputed agency associates incriminate conspirators long contemplated offense complete perhaps fallen become enemies may still incriminate deliberately harmful unsworn declarations unintentionally casual conversations theory law impute confederates continuing conspiracy defeat justice one conceivably bound another unauthorized unknown commission perjury bribery juror witness even putting incorrigible witness damaging information way moreover assumption indefinitely continuing offense result indeterminate extension statute limitations law implies agreement cooperate defeating prosecution must imply continues long prosecution possibility prosecution possibility long conspiracy defeat implied continue see slightest warrant judicially introducing doctrine implied crimes constructive conspiracies either adds new crime extends old one true modern law conspiracy largely evolved judges well wisely settled offenses every federal prosecution must sustained statutory authority statute authorizes federal judges imply presume construct conspiracy except one may found evidence seems approximate creation new offense one think doubtful constitutionality even created congress events one fundamentally irreconcilably war presumption innocence course strong temptation relax rigid standards seems way sustain convictions evildoers statutes authorize prosecution substantive crimes evildoing without dangers liberty indivudal integrity dicial process inherent conspiracy charges disapprove doctrine emplied constructive crime entirety every manifestation think straining uphold conspiracy conviction prosecution substantive offense adequate purpose served adding conspiracy charge seems chiefly get prodecural advantages ease way conviction although reversal trials course regrettable overlook error harmless one concur reversal even less sure prejudice resulted better crime go unwhipped justice theory implied continuance conspiracy find lodgment law either affirmance tolerance instruments justice equal implied presumed constructive crimes odious oppressions mask justice justice frankfurter justice murphy join opinion justice burton dissenting agree opinion hearsay testimony question properly admissible regard admission circumstances case absolutely harmless error speaking harmless errors may result admission evidence said sort criminal causes conceivably may altogether harmless face clear evidence although error might turn scales otherwise level constantly appears application policy questions admission cumulative evidence kotteakos determining whether error admission evidence result reversal judgment said question effect error reasonably may taken upon jury decision said done conviction sure error influence jury slight effect verdict judgment stand except perhaps departure constitutional norm specific command congress pages page issue us involves constitutional question specific command congress trial long one concerning personal conduct involving simple issues fact record covers pages jury must thoroughly familiar issues degree dependability placed upon oral testimony petitioner two witnesses involved conversation us reported one evidence supporting jury verdict cumulative repetitive corroborated point believe verdict rights parties appreciably affected weight jury may attached reported snatch conversation tween two people negligible dependability demonstrated extended fourth trial set aside jury verdict merely particular bit hearsay testimony seems unrealistic procedure tends make travesty jury system neither necessary deserved affirm judgment footnotes florida grand jury failed indict cases closed without prosecution february new york indictments returned january commonwealth smith mass people mol hooper state ark state gauthier state emory carter state watson state miss baldwin state state strait repealed act june stat see federal rules civil procedure rule federal rules criminal procedure rule phrase judge nature judicial process conference senior circuit judges presided chief justice taft reported note prevalent use conspiracy indictments converting joint misdemeanor felony express conviction purpose purposeäor least effectäof bringing much improper evidence conspiracy statute much abused particular case may preconcert plan excepting necessarily inherent mere joint action difficult exclude situation established definitions conspiracy yet theory permits us call aborted plan greater offense completed crime supposes serious substantially continued group scheme cooperative law breaking observe many conspiracy prosecutions substantial base fear creation general impression harmful law enforcement method prosecution used arbitrarily harshly rules evidence conspiracy cases make difficult try without prejudice innocent defendant annual report attorney general pp fifteen years later judge learned hand observed many prosecutors seek sweep within conspiracy associated degree whatever main offenders opportunities great oppression doctrine plain circumscribing scope comprehensive indictments avoided falcone harno intent criminal conspiracy long category crimes none excepting criminal attempt difficult confine within boundaries definitive statement conspiracy english authoräwright law criminal conspiracies gives remark intelligible definition yet established justice holmes supplied oversimplified working definition kissel conspiracy partnership criminal purposes recently restated conspiracy partnership crime pinkerton latter inaccurate since concert criminal purposes rather concert crime establishes conspiracy carson offers following sume american cases appear conspiracy must combination two persons concerted action accomplish criminal object object criminal criminal means object criminal means criminal mischief public involved neither object means criminal even unlawful injury oppression individuals result law criminal conspiracies found american cases see example conspiracy interfere civil rights preventing officer performing duties obstructing justice intimidating party witness juror depriving persons rights privileges conspiracy persons military service defraud conspiracy involving farm credit banks administration etc conspiracy restraint trade conspiracy restraint import trade seditious conspiracy conspiracy impair loyalty armed forces advocate overthrow government force conspiracy injure person exercise civil rights conspiracy prevent officer performing duties conspiracy defraud government obtaining payment false claim conspiracy defraud conspiracy obstruct justice conspiracy cause riots federal penal institutions conspiracy transport kidnapped person interstate commerce conspiracy transport stolen property counterfeiting instruments interstate commerce conspiracy violate act conspiracy incite mutiny shipboard conspiracy cast away vessel conspiracy injure property foreign government conspiracy obtain payment false claims conspiracy bid collusively construction naval aircraft conspiracy falsify pension claims conspiracy disclose national defense information commit espionage conspiracy violate selective service act harno intent criminal conspiracy see senturia iv encyc soc sci conspiracy principles german courts may adjudged nazi party criminal organization also held leadership corps communist party criminal organization entered judgment criminality union red front fighters communist party see note holdsworth history english law miller criminal law recently punishment felony far excess provided substantive offense however act june stat provides case punishment conspiracy shall exceed maximum provided misdemeanor federal law applicable antitrust prosecutions history conception perversion particularly labor cases see sayre criminal conspiracy abuse conspiracy see loyalty tests guilt association rev note conspiracy dilemma prosecution group crime protection individual defendants statement course leaves account subject attempts conspiracy said allied holdsworth history english law utterly unknown roman law found modern continental codes continental lawyers ever heard fortunate circumstance encrusted deep jurisprudence past decisions courts unable slough altogether doctrine proved evil genius law wherever touched sayre criminal conspiracy counsel representing kingdom french republic soviet union german defendants indulged comparisons relevant laws several nations international military tribunal nu rnberg connection organizations accused criminal trial major war criminals gpo pp et seq nazi conspiracy aggression gpo jackson nu rnberg case assassination president lincoln trial conspirators new york see however ex parte milligan wall see sayre criminal conspiracy international union wisconsin employment relations board hyde justice holmes behalf justices hughes lurton lamar wrote vigorous protest hesitate brand doctrine oppressive wrongs forefathers meant prevent example afforded allen height prohibition frenzy defendants tried charges conspiracy newspaper reporter testified going drinking place talked woman behind bar whose name give slightest identification showing knew known defendant held back bar showed hence statements admissible allowed relate incriminating statements made courtroom technique employed trial conspiracy cases prosecution defense see prosecution defense conspiracy indictments brooklyn survey accords observation hardly convince one trial kind highest exemplification working judicial process hudson cranch worrall dall coolidge wheat eaton bathgate see however warren history federal judiciary act cf tot section judicial code effect effect time trial instant case entry judgment provided hearing appeal certiorari writ error motion new trial case civil criminal shall give judgment examination entire record without regard technical errors defects exceptions affect substantial rights parties stat rule federal rules criminal procedure continuously effect since time trial instant case still effect provides harmless error plain error harmless error error defect irregularity variance affect substantial rights shall disregarded