Conspiracy as a crime differs from conspiracy as an evidentiary rule

Evidence

It equates “conspiracy” as a concept of substantive criminal law, governing who may be punished for which acts, with “conspiracy” as part of an evidentiary principle, and burdens the latter with all of the theoretical limitations and formal requirements of the former. The two are not the same, though it is likely that any provable criminal conspiracy will satisfy the requirements of the evidentiary rule. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1206

Categorization

• DEFINE: Distinguishes two distinct legal meanings of ‘conspiracy’ — substantive criminal law concept vs. evidentiary doctrine.
• XREF: Relevant to conspiracy doctrines in criminal law courses (Pinkerton, Kotteakos) where the two usages are routinely conflated.
• corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1206