Moussaoui Case Over

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And that is the nuance in Moussaoui:
The prosecution did not charge him with Misprision; for (death) sentencing purposes they went way beyond the misprision charge and averred that he was in fact guilty of the crime committed by third parties. In this case, the jury didn't buy it.

But think of the ramifications, should this become a new standard in coming years: The cops are looking for your hot-head brother on a Restraining Order issue; you know he's down at the Elk's Club collecting on a debt that's owed him from the guy that's taken out the Restraining Order, yet you lie; what you don't know is that 3 hours after the interview, he kills the man in the Club. According to the very reasoning I'm seeing from the prosecutors in Moussaoui, you are not guilty of Misprision...you couldn't be, as you are aware of no Felony in progress or impending; You're not guilty of lying to a Federal Officer, because these aren't Feds; but you are guilty of Murder!
Rich
 
Rich your analysis is legally correct.

Dont kill Spiff yet he may buy my truck :)

WildheywhosethetwootherTFLersIhavetowatchforintownbesidesyouAlaska
 
Precisely Rich.

That's why I went to the trouble of finding a generally accepted legal definition. This expansion of the law of both misprision and conspiracy, if allowed to stand, will be the nail in the coffin for any rights we may think we have.

Moussaoui is a despicable character as any I have seen. But like Padilla (who is only slightly less dispicable than Moussaoui), we have a complete expansion of the police powers of the state. I'm sure, this is not good.
 
you know he's down at the Elk's Club collecting on a debt that's owed him from the guy that's taken out the Restraining Order
Click to expand...

Depending on just how he's collecting that debt, this might be a felony. Simply violating the order is a misdemeanor. Simply assaulting his debtor, say, by threatening him, is also a misdemeanor. Doing both at the same time is a felony in Florida. So, it depends on what you knew was to take place at the Elk's club as to whether you are guilty of misprision.

Given that you know about the RO and know that your brother is going to try to collect a debt from the guy anyway, being a reasonable person, you might anticipate trouble. You'd do well to let your brother know that you'd rather not be aware of such goings on.

I wouldn't rat on my brother, at least not the first time. But I'd make it clear that it wasn't my business, and make sure he knew what I meant, for the future.

Also, just because I don't want to rat on my brother, doesn't mean there shouldn't be a law against me failing to do so if my failure would result in harm to another and I could reasonably have anticipated it.

There are, after all, other ways to collect debts.
 
iv45-
You miss the point. The point is that Misprision is Misprision. It should not suddenly become something else, like Murder, simply because a 3rd party later commits Murder.
Rich
 
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