Page 4 of 4 FirstFirst ... 234
Results 31 to 37 of 37

Thread: Supreme Court Rules Against Government in Identity-Theft Case

  1. #31
    Sage
    Harry Guerrilla's Avatar
    Join Date
    Dec 2008
    Location
    Not affiliated with other libertarians.
    Last Seen
    09-01-17 @ 02:38 PM
    Gender
    Lean
    Libertarian
    Posts
    28,955

    Re: Supreme Court Rules Against Government in Identity-Theft Case

    Quote Originally Posted by celticlord View Post
    Apples and oranges, actually.

    The intent to distribute is presumed by statute from the quantity itself. No further evidence is needed.
    But honestly how can you deduce that someone has an intent to do so when all it could be is for personal use.

    They could alter it to where having any amount means you intend to distribute.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  2. #32
    Sage
    Join Date
    Jan 2009
    Last Seen
    08-27-09 @ 08:41 PM
    Lean
    Undisclosed
    Posts
    6,344

    Re: Supreme Court Rules Against Government in Identity-Theft Case

    Quote Originally Posted by ADK_Forever View Post
    I'm getting woosey... two agreements with you in one thread... I need fluids...
    Indeed....a single malt, preferably a Speyside

  3. #33
    Sage
    Join Date
    Jan 2009
    Last Seen
    08-27-09 @ 08:41 PM
    Lean
    Undisclosed
    Posts
    6,344

    Re: Supreme Court Rules Against Government in Identity-Theft Case

    Quote Originally Posted by Harry Guerrilla View Post
    But honestly how can you deduce that someone has an intent to do so when all it could be is for personal use.

    They could alter it to where having any amount means you intend to distribute.
    Yes they could. However, that argument is a matter for the legislature, not the courts, unless and until there is a Constitutional dimension to the matter.

  4. #34
    Sage
    disneydude's Avatar
    Join Date
    Jan 2006
    Location
    Los Angeles
    Last Seen
    12-13-17 @ 07:24 PM
    Gender
    Lean
    Liberal
    Posts
    25,144

    Re: Supreme Court Rules Against Government in Identity-Theft Case

    Quote Originally Posted by Harry Guerrilla View Post
    I understand but like with drug laws.

    If you posses more than a certain amount they automatically charge you with intent to distribute even though they have no evidence proving as such.
    I agree. But if I were a DA I would argue that things such as amount, packaging, lack of paraphernalia, scales, are all indications of intent to sell or distribute.

    If a person has 10 rocks....probably not sells. But if they have 100 rocks, individually wrapped, pretty good argument that it is possessed with intent to distribute/sell.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

  5. #35
    Sage
    Harry Guerrilla's Avatar
    Join Date
    Dec 2008
    Location
    Not affiliated with other libertarians.
    Last Seen
    09-01-17 @ 02:38 PM
    Gender
    Lean
    Libertarian
    Posts
    28,955

    Re: Supreme Court Rules Against Government in Identity-Theft Case

    Quote Originally Posted by celticlord View Post
    Yes they could. However, that argument is a matter for the legislature, not the courts, unless and until there is a Constitutional dimension to the matter.
    I think they relate very much so.

    Law could be so much simpler if lawyers and politico's didn't crap it up so much.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  6. #36
    Sage
    Harry Guerrilla's Avatar
    Join Date
    Dec 2008
    Location
    Not affiliated with other libertarians.
    Last Seen
    09-01-17 @ 02:38 PM
    Gender
    Lean
    Libertarian
    Posts
    28,955

    Re: Supreme Court Rules Against Government in Identity-Theft Case

    Quote Originally Posted by disneydude View Post
    I agree. But if I were a DA I would argue that things such as amount, packaging, lack of paraphernalia, scales, are all indications of intent to sell or distribute.

    If a person has 10 rocks....probably not sells. But if they have 100 rocks, individually wrapped, pretty good argument that it is possessed with intent to distribute/sell.
    That would make sense.

    The amount doesn't really matter until you get to very, very large quantities.

    I think a quarter ounce of Marijuana automatically gets you an intent to distribute.
    A quarter ounce isn't very much.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
    —Adam Shepard

  7. #37
    Sage
    disneydude's Avatar
    Join Date
    Jan 2006
    Location
    Los Angeles
    Last Seen
    12-13-17 @ 07:24 PM
    Gender
    Lean
    Liberal
    Posts
    25,144

    Re: Supreme Court Rules Against Government in Identity-Theft Case

    Quote Originally Posted by Harry Guerrilla View Post
    That would make sense.

    The amount doesn't really matter until you get to very, very large quantities.

    I think a quarter ounce of Marijuana automatically gets you an intent to distribute.
    A quarter ounce isn't very much.
    Yeah....1/4 ounce is nothing....but sometimes DA's can be a little overzealous. I've seen them charge possession for sell with as little as 3 rocks here in LA.
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

Page 4 of 4 FirstFirst ... 234

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •