Jeffs and 10 Others Indicted for Food Stamp Fraud Conspiracy and Money Laundering

Dan1100
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Re: Jeffs and 10 Others Indicted for Food Stamp Fraud Conspiracy and Money Laundering

#201

Post by Dan1100 » Fri Nov 10, 2017 4:43 pm

Getting back to this particular case, the court left out a major element of the crime from the jury instructions.

Whether there are technicalities or not in criminal law is really semantics more than anything else. But, leaving out a major element of the crime from the jury instruction just isn't a technicality.

How'd you like to be on trial for receiving stolen property you bought at a flea market and have them leave out the "knew or should have known the property was stolen" part or be on trial for moving your car around in your driveway after a few beers and have them leave out "on a public roadway"?


"Let's say you're on trial for armed robbery. You say to the judge, 'I forgot armed robbery was illegal.' "

-Steve Martin

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Maybenaut
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Re: Jeffs and 10 Others Indicted for Food Stamp Fraud Conspiracy and Money Laundering

#202

Post by Maybenaut » Fri Nov 10, 2017 4:50 pm

Well, that's kind of my point. Things that are truly minor (i.e., "harmless beyond a reasonable doubt" under California v. Chapman) don't result in convictions being avoided or overturned. It's got to be big. And big things aren't technicalities; they're due process violations.



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Tiredretiredlawyer
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Re: Jeffs and 10 Others Indicted for Food Stamp Fraud Conspiracy and Money Laundering

#203

Post by Tiredretiredlawyer » Wed Dec 13, 2017 12:17 pm



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