--- Jerry Monaco <monacojerry at gmail.com> wrote:
> Andie,
>
> I got the fact pattern from Dressler's Understanding
> Criminal Law, who says
> it is possible that you may be guilty if you should
> have known, whether you
> actually knew or not. So take this up with Dressler
> and the cases he
> sites. I would have to dig through the book to find
> the actual quotes.....
>
> On 5/5/06, andie nachgeborenen
> <andie_nachgeborenen at yahoo.com> wrote:
> >
> > > Typical Criminal Law Fact Pattern:
> > > Woj, if you accept a package at your door from
> UPS,
> > > and unbeknownst to you
> > > that package contains drugs which are going to
> be
> > > sold by someone who lives
> > > in your house, (son, roommate, wife) are you
> guilty
> > > of drug distribution.
> > > Well, you might not know what is in the package
> but
> > > it is still possible for
> > > you to go to jail for 20 years in some
> > > jurisdictions, if it is concluded
> > > that you should have known what was in the
> package.
> >
> > No, all drug laws that I am aware of require
> intention
> > or knowledge. (In fact what laws call mens rea,
> > culpable mental state, is required for almost all
> > crimes; strict liability crimes are few and far
> > between).
> >
> > If you really don't know what is in the package
> you
> > are not guilty of posssession with intent to
> > distribute or the equivalent. Nor can the mental
> state
> > requirement be satisfied even if you should have
> > known. The requirement is that you know what's in
> the
> > package.
> >
> > The only exception to this rule that I know of in
> > federal law is what is called "willfull
> blindness,"
> > where deliberately avoiding knowledge that you
> should
> > have had is treated as equivalent to knowledge,
> like I
> > case I was involved in once where a guy was
> selling
> > fake Michael Jordan-signed memorabilia, and there
> was
> > so much stuff involved that if Jordan had signed
> all
> > that crap he would not have had time to play
> > basketball.
> >
> > You will say -- every nonlawyer does (I forget
> whether
> > you are a lawyer) -- you can't _show_ what's in
> > people's minds. Of course you can. That's what
> lawyers
> > do all the time. It's our job. You assemble
> evidence
> > and make a case. Or you don't make a case, and
> then
> > the defendant is acquitted or found not liable.
> That
> > doesn't mean there aren't errors.
> >
> > > It is also possible to
> > > convict you of being part of a criminal
> conspiracy
> > > on these facts.
> >
> > For conspiracy you need agreement to commit an
> > unlawful act, which implies knowledge or intention
> to
> > commit it. Accepting a package without knowing
> that it
> > contains drugs would not qualify unless you were
> > wilfully blind.
> >
> > If that
> > > criminal conspiracy had been involved in
> violence
> > > then for accepting that
> > > package at the door you are by definition a
> violent
> > > criminal.
> > >
> >
> > Well, if you're in the Soprano family, and you
> agree
> > to a hit to be committed by Silvio (say), and in
> some
> > cases (not drug crimes in federal law) take a
> > signifigent step towards furthering the aim of the
> > conspiracy, such as supplying the gun or something
> > like that, then you have conspired to commit
> murder, right?
> >
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>
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> >
>
>
>
> --
> Jerry Monaco's Philosophy, Politics, Culture Weblog
> is
> Shandean Postscripts to Politics, Philosophy, and
> Culture
> http://monacojerry.livejournal.com/
>
> His fiction, poetry, weblog is
> Hopeful Monsters: Fiction, Poetry, Memories
> http://www.livejournal.com/users/jerrymonaco/
>
> Notes, Quotes, Images - From some of my reading and
> browsing
> http://www.livejournal.com/community/jerry_quotes/
> > ___________________________________
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