In his post below, Eugene asks whether a bystander who cheers on a criminal can be criminally liable as an accomplice. His answer: Probably yes, on the grounds that the cheering tends to encourage the criminal and thus constitutes “abett[ing].” “An aider and abettor is one who acts with both knowledge of the perpetrator’s criminal […]
Archive | November, 2009
Common-Law Criminal Defenses
A commenter on the thread about photos of rape of a minor being child pornography asks, But if the laws were meant to have exceptions for possession (to retain as evidence and transmit to the proper legal authorities) then why was it not simply written into the text of the law. Similarly, the prosecutor with […]
Can Bystanders Who Cheer on a Criminal Be Prosecuted?
Probably yes, on the grounds that the cheering tends to encourage the criminal and thus constitutes “abett[ing].” “An aider and abettor is one who acts with both knowledge of the perpetrator’s criminal purpose and the intent of encouraging or facilitating commission of the offense.” People v. Avila, 38 Cal. 4th 491, 564 (2006). This having […]
“LAWHOO” License Plate Up for Auction:
The owner of a highly-coveted “LAWHOO” license plate (at least to UVA Law Alumni) is putting it up for auction, with the proceeds to benefit the UVA Public Interest Law Association. It is on eBay.
What About Bystanders Who Photographed the Richmond Gang Rape?
Some news accounts report that some bystanders “may have even filmed or photographed the attack.” Are they criminally liable, someone asked me? Probably yes — for child pornography. California Penal Code § 311.11 provides (line breaks added), Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not […]
Law Professor Seeks Clearly Unconstitutional Injunction
I also wanted to note that in his lawsuit against Above The Law, Prof. Jones seeks a clearly unconstitutional remedy: “Enjoining Abovethelaw to remove all articles and posts concerning Professor Jones.” Even if the Above The Law posts are actionable, and can lead to damages liability — which I’m nearly certain isn’t the case — […]
Any VCers in the Vicinity of Monticello Tomorrow?
I’ll be giving another presentation about my book at the Jefferson Library at Monticello tomorrow (Wed. at 4 PM) — if you happen to be in the neighborhood, come on by. Obviously, it’s a wonderful place to be giving a talk about Jefferson, and I’m trying, at least, to match the grandeur of the place […]
Prof. Donald Jones’ Lawsuit Against Above The Law
Orin blogged about this below, linking to Ben Sheffner’s analysis at Copyrights & Campaigns. I agree with Sheffner that the lawsuit (see the Complaint) is a loser. In part, it’s even downright frivolous: 1. The false light invasion of privacy claim is frivolous because the Florida Supreme Court has expressly and recently held that no […]
IJ’s Bone Marrow Case: History of NOTA
Yesterday, I sketched the legal theory behind the Institute for Justice‘s challenge to the National Organ Transplant Act of 1984 in which our clients seek to strike down the provision that makes it a serious crime to compensate bone marrow donors. Today, I’d like to explain the history of NOTA and why the inclusion of bone marrow in the statute is so irrational […]
An Advance in Criminal Law Theory
“A throng of naked people with jack-o-lanterns on their heads is, by definition, an alarming sight, Chief Beckner says. Therefore, it’s illegal.” UPDATE: On a serious note, Chief Beckner threatened to arrest harmless naked Halloween revelers as sex offenders, which is no laughing matter, an abuse of authority, and should be grounds for his dismissal.
Reply to Farrell, Part n
Henry Farrell replies to my replies. International Law and Rational Choice Theory. I agree with Henry’s discussion of the limits of rational choice theory and so don’t understand why he thinks I commit the fallacies that he describes. It would be one thing if I said that states’ compliance with treaty X is consistent with […]
Law Professor Sues Above The Law
Ben Sheffner has the story, with legal analysis, over at Copyrights & Campaigns.
Jones v. Harris Blog Symposium
The Conglomerate is hosting an interesting blog symposium about Jones v. Harris, a Supreme Court case argued today. The Question Presented: Whether a shareholder’s claim that the fund’s investment adviser breached its fiduciary duty by charging an excessive fee – more than twice the fee it charged to funds with which it was not affiliated […]
Woman Calls 911 to Report Herself as Drunk Driver
No, it’s not The Onion. Story here.
Duty to Rescue/Report Statutes
Since the topic has come up, I thought I’d pass along the list I have of state statutes that impose a duty to rescue crime victims, or report crimes. This might help people see the different ways these duties have been crafted in the past — generally quite narrowly, but sometimes more broadly. I focus […]