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Originally Posted by Craig4 (Post 13710563)
"Common Law", I know I've been out of the "biz" for a while but what the **** are you talking about? The practical application of the law is not the silly little esoteric excise you imagine it to be. 18 USC spells out the elements of the crime. As the officer (that was at a time me and yes I did charge conspiracy) determines if there is probable cause to believe that the suspect did the specific acts listed in the elements of the crime.
This isn't some thought experiment. |
Additional restrictions on a number of laws don't exist in the US code. For example, "defraud" in the statute is defined by a series.of court cases and not the statute itself.
It would be cool if someone can find an example of a successful prosecution for it where the defendant believed they were engaged in innocent behavior.
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