I didn't say you were a bad speller. Someone else is a bad speller and you just copied their mistake. That's not your fault.
It's not my call about when you crossed the lined and went from being lazy to concealing something, but personaly I'd say knowing that the police are asking about is not enough. I'd say it would only be concealing if they asked you directly and you lied. There needs to be an action that you preformed before it becomes concealment. Inaction won't get you in trouble in this case. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Thursday, August 12, 2004 7:10 PM To: Findley, Matthew Subject: RE: [freenet-chat] Re: [freenet-support] Showdown at the Freenode Coral --- "[EMAIL PROTECTED]" <[EMAIL PROTECTED]> wrote: > Wow... you've discovered that someone at the DOJ is > a terrible speller.... > The word is misprision Yes, guilty of bad spelling me. Even bad grammar sometimes! Is that a crime somewhere? > http://www4.law.cornell.edu/uscode/18/4.html > It would be section 4, not chapter 4. Which is my > fault for not looking to deeply into it because > 'misprison' of a felony wasn't a crime. > Quote - > "Misprision of a felony "require[s] both knowledge > of a crime and some affirmative act of concealment > or participation." Id. at 696 n.36. See, for > example, United States v. Gravitt, 590 F.2d 123, > 125-26 (5th Cir. 1979) (requiring "affirmative > action to conceal the crime" for conviction of > misprision of a felony). Thus, mere failure to > report a known felony would not violate 18 U.S.C. > 4. United States v. Johnson, 546 F.2d 1225, 1227 > (5th Cir. 1977)." > http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data2/circs/11th/0113624opn.html > So now we have a law here that supports my drug dealer anecdote. > It's not just enough to fail to report it. You'd > have too conceal it too. Exactly. So now all you have to do is have the police canvas the residents if they witnessed any crimes taking place and then have them deny it. I believe this is standard practice when investigating a crime. Do the police even have to directly question the residents? I mean, if you can show that a resident KNOWS the police are asking about the crimes and yet doesn't tell the police about what they saw, then they would be guilty, right? If someone sees a crime, then they SHOULD know the police would want to know about it, and they SHOULD know the police would ask them about it, and they SHOULD know that they have to tell the police the truth. So just KNOWING you witnessed a crime is enough to make you guilty. And who wouldn't KNOW dealing drugs is a crime? This sound familiar? Maybe you don't agree with this logic? > > > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] Behalf Of > [EMAIL PROTECTED] > Sent: Tuesday, August 10, 2004 6:46 PM > To: [EMAIL PROTECTED] > Subject: [freenet-chat] Re: [freenet-support] > Showdown at the Freenode > Coral > Importance: Low > > > Ok, posting this is a mistake, but I feel compelled > to > defend myself, so I will do only that. Appologies > to > Mr. Findley for the doublpost because I have once > again failed to reply to the list :P > > --- "[EMAIL PROTECTED]" > <[EMAIL PROTECTED]> wrote: > > > You take me seriously? How am I suppose to take > you > > seriously. > > You are LITERALLY spouting nonsense. > > --"Misprison of a Felony" (18 U.S.C.A 4.). > > Misprison isn't even a word! > >From the DOJ's website, here are some links. The > skeptical reader can do a google search and see for > themselves: > http://www.usdoj.gov/usao/mn/press/major/boss.htm > http://www.usdoj.gov/usao/pae/News/Pr/2004/jul/broadus%202d%20Superceding%20Indictmnt.pdf > http://www.usdoj.gov/usao/txn/PressRel03/murphy_kirkham_convict_pr.html > http://www.usdoj.gov/usao/txn/PressRel03/phillips_sen_pr.html > http://www.usdoj.gov/usao/lae/hotnews/archive_list.htm > http://www.usdoj.gov/usao/cac/pr2002/165.html > http://www.usdoj.gov/usao/txn/PressRel02/patel_sen_pr.html > http://www.usdoj.gov/usao/tnm/press_release/4_9_04.htm > http://www.usdoj.gov/usao/nj/publicaffairs/NJ_Press/files/pdffiles/ashcroftregpay.pdf > > > The is no chapter 4 in title 18. > > http://www4.law.cornell.edu/uscode/18/pI.html > I'm not a lawyer, but the DOJ did charge the people > in > the above links with some crime called "Misprison of > a > Felony" so it must be a law somewhere :) > > > > > "Also, you can't be charged for committing the > crime > > and also NOT STOPPING YOURSELF COMMITTING SAID > > CRIME! That would be double jeopardy, wouldn't > it?" > > God no.... double jeopardy is being charged with > > the same crime twice. In other words, the > > prosecution doesn't get to appeal if they lose. > > And you can't even be charged with not stopping > > yourself from committing a crime (negligence > crimes > > not withstanding). You'd just be charged with > what > > ever crime you committed. > Like I said, I'm not a lawyer. Whatever this is > called, it's still contrary to the fifth amendment. > If you are trying to discredit my expertise as a > lawyer, then I concede. I'm no lawyer :) > > > > > > > -----Original Message----- > > From: [EMAIL PROTECTED] > > [mailto:[EMAIL PROTECTED] Behalf > Of > > [EMAIL PROTECTED] > > Sent: Monday, August 09, 2004 10:34 PM > > To: [EMAIL PROTECTED] > > Subject: RE: [freenet-chat] Re: [freenet-support] > > Showdown at the > > Freenode Coral > > Importance: Low > > > > > > Well, I had to respond to this after having it > > pointed > > out. > > --- Matthew Findley <[EMAIL PROTECTED]> > > wrote: > > > > > This is not my position and I have already > > answered > > > this almost exact > > > situation. > > > > > > http://article.gmane.org/gmane.network.freenet.support/5067 > > > Try to keep up. > > > It's not a crime to know that a crime is > happening > > > and failing to take > > > action. > > Wrong. A few minutes on google and I found this > > law: > > "Misprison of a Felony" (18 U.S.C.A 4.). Of > course > > there is the little issue of meeting the elements > of > > the crime, but that doesn't seem to be a big deal > > for > > you when it comes to Freenet. > > > > > It's a crime if you know your committing a crime > > and > > > fail to take action. > > LOL! So if you commit a crime, it's OK for others > > not > > to take action, but if YOU don't take action > against > > YORSELF then you are breaking the law?! This > > statement is totally backwards. Also, you can't > be > > charged for committing the crime and also NOT > > STOPPING > > YOURSELF COMMITTING SAID CRIME! That would be > > double > > jeopardy, wouldn't it? Do you still insist I take > > you > > seriouly? Don't answer! In the future I intend > to > > exercise more restraint and will not reply to any > > posts by you no matter how tempted I am. > > > > > > > > -----Original Message----- > > > From: [EMAIL PROTECTED] > > > [mailto:[EMAIL PROTECTED] > Behalf > > Of > > > [EMAIL PROTECTED] > > > Sent: Monday, August 09, 2004 6:47 AM > > > To: [EMAIL PROTECTED] > > > Subject: [freenet-chat] Re: [freenet-support] > > > Showdown at the Freenode > > > Coral > > > Importance: Low > > > > > > > > > --- ZeZenonaPanoussisfrfreenetrovocation.net> > > wrote: > > > > > > >Yes, Mr Findley, your looping repetitions are > > very > > > >convincing. > > > >I have read them again and I am convinced, you > > are > > > >absolutely > > > >right. Now, will you please tell me why you are > a > > > >clerk and > > > >not a prosecutor? I mean, I have four years of > > law > > > >school > > > >behind me and six of practicing law, yet I > stand > > > >corrected by > > > >you. Shouldn't you be promoted? Would you like > me > > > to > > > >write a > > > >letter of recommendation to your boss? > > > > > > > >Z > > > To help demonstrate how ludicrous Mr. Findley's > > > position is, consider this scenario. Imagine > > there > > > is > === message truncated === __________________________________ Do you Yahoo!? Yahoo! Mail - 50x more storage than other providers! http://promotions.yahoo.com/new_mail _______________________________________________ chat mailing list [EMAIL PROTECTED] http://news.gmane.org/gmane.network.freenet.general
