Criminal Code Section 1.7 Conspriracy Correction

Romanoffia

Garde à l'eau!
Before I actually attempt to write an amendment for consideration -

Section 1.7. Conspiracy currently reads:

2
2. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.

This definition of Conspiracy is incorrect for a number of reasons due to the actual definition of Conspiracy which is:

Conspiracy comprises of "an agreement between two or more people to commit an illegal act, along with an intent to achieve the agreement's goal. It also require an overt act toward furthering the agreement. An overt act is a statutory requirement, not a constitutional one..... The illegal act is the conspiracy's target offense."

(See Whitfield v. United States, 453 U.S. 209 (2005). The illegal act is the conspiracy's "target offense."

Conspiracy requires two or more participants in agreement to commit and illegal act, an intent to actually commit an overt act to further the agreement, and that act must be illegal in a statutory sense.

This is a fairly narrow definition and would correct the erroneous definition we currently use for Conspiracy which is confusion and somewhat contradictory in nature (you cannot have a conspiracy of one as the current law defines it).

Any suggestions on a way to word a correction to this section that works well for the context of TNP?
 
I think that the difficulty of proving an individual planning if they involve no others makes this distinction extremely unlikely to be relevant, no?
 
Eluvatar:
I think that the difficulty of proving an individual planning if they involve no others makes this distinction extremely unlikely to be relevant, no?
Interesting point, if I correctly get what you are saying.

Proving that an individual planned anything is at best circumstantial. Proving that two or more people planned to commit a crime and engaged in actual actions to promote that crime is statistically more likely. Conspiracy, by definition, requires two or more participants in agreement to commit a crime. But yes, I know what you mean.

You have to have two or more people in order to 'conspire' because if a person conspired with themselves, it would bring up some seriously ugly mental images. :blink:

One of the things that gets frowned upon in our legal systems, especially in the Court, is proper analysis of criminal cases. In order to prosecute a case in logical terms, you need to sufficiently prove means, motive and opportunity. To date, I have never seen an AG even try to do this so that the Court can adjudicate a case properly. And every time a Justice tries to use the means, motive, opportunity approach, they get no where.

The other problem is that there is no provision in the Legal Code or the Court Rules or the AG Office to take into consideration 'Plea Bargains' in which co-conspirators can make a bargain with the Court that makes conspiracy convictions a hell of a lot easier to get.

But that said, the more people involved in a criminal act, the easier it is to get a conviction. Someone who knows they are caught is more likely to open their yap and sing like a bird at the expense of their co-conspirators if they think they can get off easier.
 
It would be interesting to hear Fap's take on this, since he has accused me of conspiracy in the court at the moment, yet does not made any assertion that I conspired with anyone.

Perhaps he is Trinitarian and assumes that, as God, I conspire with the other persons of my divinity?
 
flemingovia:
It would be interesting to hear Fap's take on this, since he has accused me of conspiracy in the court at the moment, yet does not made any assertion that I conspired with anyone.

Perhaps he is Trinitarian and assumes that, as God, I conspire with the other persons of my divinity?
Don't mean to blaspheme if I am, but why is everyone calling Flemingovia God? I'm curious.
 
Syrixia:
flemingovia:
It would be interesting to hear Fap's take on this, since he has accused me of conspiracy in the court at the moment, yet does not made any assertion that I conspired with anyone.

Perhaps he is Trinitarian and assumes that, as God, I conspire with the other persons of my divinity?
Don't mean to blaspheme if I am, but why is everyone calling Flemingovia God? I'm curious.

I don't call Flemingovia God.
 
Eluvatar:
Syrixia:
flemingovia:
It would be interesting to hear Fap's take on this, since he has accused me of conspiracy in the court at the moment, yet does not made any assertion that I conspired with anyone.

Perhaps he is Trinitarian and assumes that, as God, I conspire with the other persons of my divinity?
Don't mean to blaspheme if I am, but why is everyone calling Flemingovia God? I'm curious.

I don't call Flemingovia God.
Neither do i
 
Eluvatar:
Syrixia:
flemingovia:
It would be interesting to hear Fap's take on this, since he has accused me of conspiracy in the court at the moment, yet does not made any assertion that I conspired with anyone.

Perhaps he is Trinitarian and assumes that, as God, I conspire with the other persons of my divinity?
Don't mean to blaspheme if I am, but why is everyone calling Flemingovia God? I'm curious.

I don't call Flemingovia God.
Indeed, it is not compulsory. Although there is always the danger that your genitalia will shrivel like a prune if you do not.

Why take the risk?

foar-prunedanishes608.jpg
 
flemingovia:
Eluvatar:
Syrixia:
flemingovia:
It would be interesting to hear Fap's take on this, since he has accused me of conspiracy in the court at the moment, yet does not made any assertion that I conspired with anyone.

Perhaps he is Trinitarian and assumes that, as God, I conspire with the other persons of my divinity?
Don't mean to blaspheme if I am, but why is everyone calling Flemingovia God? I'm curious.

I don't call Flemingovia God.
Indeed, it is not compulsory. Although there is always the danger that your genitalia will shrivel like a prune if you do not.

Why take the risk?

foar-prunedanishes608.jpg
Around when could that occur?
 
Every time Flemingovia makes a post mine shrives like a turtle hiding in its shell in anticipation excitement and fear of what awesome words flem says in his posts.
 
Syrixia:
flemingovia:
It would be interesting to hear Fap's take on this, since he has accused me of conspiracy in the court at the moment, yet does not made any assertion that I conspired with anyone.

Perhaps he is Trinitarian and assumes that, as God, I conspire with the other persons of my divinity?
Don't mean to blaspheme if I am, but why is everyone calling Flemingovia God? I'm curious.


I don't call Flemingovia God. I've called him everything in the book but early in the morning, but never God.


flemingovia:
Because I am god

I thought you were Sparticus.

No,wait. I am Sparticus.


flemingovia:
It would be interesting to hear Fap's take on this, since he has accused me of conspiracy in the court at the moment, yet does not made any assertion that I conspired with anyone.

Perhaps he is Trinitarian and assumes that, as God, I conspire with the other persons of my divinity?



The problem with the whole concept of Conspiracy in TNP Legal code is that it has absolutely nothing to do with Conspiracy. Conspiracy requires two or more people. One cannot conspire with one's self, at least in a tasteful fashion (which still would not be conspiracy).


Why is it that if someone actually points out a glaring flaw in the Legal Code it invites all manner of asshattery?
 
Romanoffia:
Conspiracy, by definition, requires two or more participants in agreement to commit a crime.
Not by TNP's definition, which is all that matters - much like TNP's definition of Fraud is closer to defamation.
 
Syrixia:
Don't mean to blaspheme if I am, but why is everyone calling Flemingovia God? I'm curious.
Fools and mad ones, they haven't seen the harm on their ways and will eventually be yelling in pain when the real divinity of the NSVerse comes forth, fury in one hand and rage in the other.
 
SillyString:
Romanoffia:
Conspiracy, by definition, requires two or more participants in agreement to commit a crime.
Not by TNP's definition, which is all that matters - much like TNP's definition of Fraud is closer to defamation.
Then TNP's definition of Conspiracy indeed proves that The Law is An Ass, as the old adage goes.

And it also proves that you can refer to Perpetual Flatulence as Conspiracy in TNP and expect people to assume a fart smells like roses. If we are going to use terms like "Conspiracy", we should use the proper definition and not some infantile and shallow misinterpretation of "Conspiracy".

Just saying.
 
Elegarth:
Syrixia:
Don't mean to blaspheme if I am, but why is everyone calling Flemingovia God? I'm curious.
Fools and mad ones, they haven't seen the harm on their ways and will eventually be yelling in pain when the real divinity of the NSVerse comes forth, fury in one hand and rage in the other.
And a banana sticking out of each ear.
 
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