The "actual agreement" can be inferred by a creative prosecutor *. I don't remember the cases, but can dig out my criminal law case books if pressed. As usual in these discussions, this applies only to the U.S.
Prosecutors have actually argued that people who talked about NOT doing particular things were actually code talking about commiting the crimes. Sheesh. we're all guilty. j ________________________________________________________________ Sent via the WebMail system at 1st.net
On Saturday 03 May 2003 11:33, Jay h wrote:
Prosecutors have actually argued that people who talked about NOT doing particular things were actually code talking about commiting the crimes.
I remember that from school, but I don't recall any successful prosecutions. Not that the topic was emphasized; my criminal law professor was much less leery of the unchecked and unaccountable power of the state. (And some of my classmates viewed conspiracy as a good, all-purpose tool for nailing people you _know_ are guilty but who are so clever as to leave no evidence. Future prosecutors and legislators, no doubt.)
Sheesh. we're all guilty.
Well, that _is_ the goal. -- Steve Furlong Computer Condottiere Have GNU, Will Travel Guns will get you through times of no duct tape better than duct tape will get you through times of no guns. -- Ron Kuby
On Saturday, May 3, 2003, at 08:33 AM, Jay h wrote:
The "actual agreement" can be inferred by a creative prosecutor *. I don't remember the cases, but can dig out my criminal law case books if pressed. As usual in these discussions, this applies only to the U.S.
Prosecutors have actually argued that people who talked about NOT doing particular things were actually code talking about commiting the crimes.
Sheesh. we're all guilty.
A friend of mine described to me the theory of "insider non-trading." You see, if Alice had planned to make a stock trade, but then learned something about the company which was insider information, her failure to then make the trade would be treated by prosecutors as "insider non-trading." --Tim May "That the said Constitution shall never be construed to authorize Congress to infringe the just liberty of the press or the rights of conscience; or to prevent the people of the United States who are peaceable citizens from keeping their own arms." --Samuel Adams
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