Argument preview: Withdrawal from conspiracy – affirmative defense, or unconstitutional burden shifting?

Next week, in Smith v. United States, the Supreme Court will consider a question of federal criminal conspiracy law that has long divided the courts of appeals: which party bears the burden of proof that an alleged conspirator’s withdrawal from a conspiracy occurred outside of the limitations period, such that the prosecution is barred?  The … Continue reading Argument preview: Withdrawal from conspiracy – affirmative defense, or unconstitutional burden shifting?