2016 Criminal Law, Q2

[a] Define malfeasance, misfeasance and nonfeasance. (2.5%)
[b] Differentiate wheel conspiracy and chain conspiracy. (2.5%)

Quick check

What is malfeasance in the context of official misconduct by a public officer?

How does misfeasance differ from nonfeasance regarding official public duties?

What structural arrangement defines a wheel conspiracy in criminal law jurisprudence?

What is a key requirement for a wheel conspiracy to be considered a single overall conspiracy?

Which characteristic distinguishes a chain conspiracy from a wheel conspiracy?

Learn more about these topics

1. Public Officer Defaults
Under penal and administrative law, public officer misconduct is classified into malfeasance, misfeasance, and nonfeasance. Malfeasance is the performance of an act that ought not to be done at all because it is positively illegal or prohibited by law. Misfeasance is the improper, negligent, or wrongful performance of an act that a public officer might lawfully perform. Nonfeasance is the total omission or intentional failure to perform an official duty or act that the officer is legally required to perform. Each form carries distinct legal ramifications under penal and administrative law.

2. Wheel Conspiracy Structure
A wheel conspiracy consists of a central figure or group, known as the hub, making separate illegal agreements with various individuals or groups, known as the spokes. The defining characteristic of a wheel conspiracy is that the spokes generally deal directly with the hub rather than with each other. For a single overall wheel conspiracy to exist, there must be a common key or connecting rim that binds the spokes together, showing that each spoke was aware of the other spokes and agreed to participate in a shared criminal enterprise.

3. Chain Conspiracy Structure
A chain conspiracy involves a series of sequential illegal transactions where each participant performs a distinct role in a vertical, step-by-step process. In a chain conspiracy, the success of the overall criminal scheme depends on each link in the chain performing its specific task, such as smuggling, refining, distributing, or selling illicit goods. Unlike a wheel conspiracy, participants in a chain conspiracy are linked in a continuous vertical line, and each member is legally presumed to know that others are involved in the multi-stage criminal enterprise.

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