CH> In case you weren't aware of it Rich, the burden is always
CH> on the state. YOU don't have to prove anything. Finding
CH> out what a substance is constitutes an important element in
CH> preparing any criminal prosecution and establishing
CH> probable cause.
Not always. Look into confiscation of property THOUGHT
to be drug profits. It is up to YOU to prove it isn't
and to get the property you have to post a bond equal
to the value of the property.
RW>So you would have no problem with having NO option but
>to follow orders? Even if that meant arresting some
>poor mom who had three kids in the car just because her
>husband had forgot to take the handgun in its case out
>of the car after getting home from a shooting
CH> In this situation, I would not have a problem. If I believe
CH> her story.......and it's reasonable to assume that it's
CH> true....... she really is only technically in violation of
CH> the law and probably innocent by reason of no criminal
CH> intent (depending on the wording of the statute.
But yet you are comfortable arresting her? Putting a
felony arrest and conviction on her record. And
because of the ZT there would probably be a minimum
sentence so now you have a technically guilty but
really innocent in jail.
RW>army and police force just enforcing the ZT on Jews in
>the early 40's? They had no option, either enforce the
>rules/laws or be shot as a trader. That, IMNSHO, is
CH> Selective enforcement for the sake of being selective
CH> against a certain group of people because of their race or
CH> religion is unconstitutional. So much for that.
The race/sex/religion has nothing to do with the point.
The point is they were "just following orders".
But if the race/religion thing bothers you change the
army and/or police force in 1930-1945 Germany to
boarder guards/police in East Germany in 1960-1985 and
Jews to anyone trying to cross the boarder. There was
a ZT on people crossing the boarder and the way to
enforce this ZT was to shoot anyone crossing. The
shooters were just following orders.
BTW, what was done to the Jews, and others, in Germany
was also unconstitutional according to the German
Constitution of the time. Really helped them didn't
it?
Remember: Freedom isn't Free!
--- timEd-B11
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* Origin: My BBS * Dover, TN * (1:379/301.1)
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