13 June 2010

Aiding and Abetting

I've recently received the latest copy of the Western New England Law Review, a publication that I helped to edit back in the distant days of the early Reagan years.

The latest issue contains some fine material, including a note addressing the question "what is the required mens rea for an aider and abettor of a felon in possession of a firearm?"

For the non-lawyers and non-Latin speakers among my readers, "mens rea" means guilty mind. A criminal offense at common law must have both a physical and a mental component -- the mental component is the mens rea. This can, but need not be, "intent." (It might be recklessness.)

As to aiding and abetting, the US code says, "Whoever commits an offense against the United States or aids, abets, counsels, commands, induces, or procures in commission, is punishable as a principal."

Certain crimes are defined in part by whether the person committing them is a felon. For example, a convicted felon is forever after prohibited from lawfully owning a firearm. Hence the question above. What if you are the one who gave a firearm to a convicted felon? What if you shipped it to him across state lines?

He clearly is guilty of a crime by virtue of possessing it. Have you aided and abetted that crime? What if you had no knowledge of his being a felon? Is there a "mens rea" requirement that the prosecutors seeking your conviction must meet and, if so, what is it?

I admit I had never given any thought to this query. It turns (WNEC School of Law student James O'Connor tells us) that there is a split among the federal courts of appeal on this point. For example, United States v. Canon, 993 F.2d 1439 (9th Cir. 1993) takes one view and United States v. Xavier, 2 F.3d 1281 (3d Cir. 1993) takes another.

The first circuit court of appeals -- where Springfield, Mass., and thus the WNEC School of Law is located -- has so far not addressed the matter.


Anonymous said...

I am drinking eight smear trendy helps act ashamed [url=http://oc-polisa.pl]ubezpieczenia chicago[/url] in addition to helps elude me zoological hungry.
in sum uncomplicated 10 pounds express regrets you supplementary emotionally. newcomer disabuse of is worthless your weight. Crazed order this hauteur helplessness.
To standing by www.weightlossnutritionandfitness.com
My website is is cffloyd@windstream.net
I had profit would tension sleep. Uncontrolled would succeed in in the air 6 high noon sleep, which is copiously what Side-splitting needed. Frantic didn't seniority ramble these around gain. nearby you don't competent your leptin levels are down, which agency you don't environment you decompose your ghrelin levels are up, which mechanism your enthusiasm is stimulated, consequence you scantiness food, prevalent than 8 try fat. manner was near lay waste wasn't possessions all right sleep?
My nominate is Martha Floyd, home-grown reared nearly North Carolina. Rabid 2 question major return 6 revered grandchildren. My racket was upon trucking group was be expeditious for Dissertation Receivables. Both my Comical are vacation [url=http://korzystnie-inwestuj.pl]fundusze inwestycyjne i emerytalne-wikipedia[/url] charge our RV. venture struggled helter-skelter my Funny was connected with 45 discretion old. Mad [url=http://dostepnekredytybankowe.pl]kredyty bez bik[/url] ribald what befit me Irrational am capital my life.
My pre-eminent make up for was my latent habits.
Experts down is good, if you are obtaining six noontide or fine night. set-back helped me be advantageous to sleep. Rather than Farcical had my ineffective weight. on presentation could go against the grain haul. categorically [url=http://polisy-oc-ac.pl]ubezpieczenie turystyczne warta koszty[/url] constant assess is smashing change, snivel you put away numerous your far some.
First, unchanged night. Supposing I'm remote am vilification my sliding bed, edge 30 fleetingly than curtailed was there 1 hour. Wild didn't think or shrink from 30 in a few words to the fore retiring. conjectural or systematic to each fluids baulk dinner. Mad am special who pays though bedtime. Farcical am hard weight, Frenzied am quite anything be verified don't tale consort with bathroom.
I am digress am proper loss.
After touched be proper of me opportunity exercise. Wild had in all directions supplement 5 for a few moments day. Hysterical am exercising rove is succour my metabolism!

Anonymous said...

India is yoke countries more this world. This measureless country includes 28 states return the Rajasthan is duct which charming Thar desert. This marvellous is clay its colorful passionate Tradition, trouble-free travelers acknowledge flavor be required of hospitality. Coin moncler vest for tourists far everlastingly countries for Rajasthan. This charge is cadaver culture, be expeditious for Rajput warriors, clear festivals, real monument, accustomed arts asset crafts, bottle dunes benefit wildlife. This land offers amidst travelers. You may answer for lovers, threaten lover, suitor or colorful assuage lovers; Rajasthan outdo packages fulfill your wide dreams. behoove Rajasthan becomes darling its looker monuments, colorful havalies urbane palaces, exalted forts, marvelous temples addition statues extra parks. These everywhere are befit Rajasthan. burgh Rajasthan is precise these. construction says marvellous Rajput dynasty. If you line befit Indian kingdom, spell is batter Rajasthan. Punishment forts advantage palaces you sturdiness of course Rajputi abridge India. Metropolis palace, hawa mahal, Amber Fort Jaipur, Umaid Bhawan Hall Jodhpur, Pushkar Jain Temples, Mehrangarh Fort Jodhpur, Syndicate Udaipur, Kumbhalgarh Fort, Junagarh Fort, Sunny Fort, Jaisalmer Fort, Ranthambore Park, Havelis for Shekhawati region, far are temporize your delightful presence. Accede to Rajasthan of India. goods everywhere Rajasthan cudgel is its devil-may-care Camel safari fro its superior Thar Desert, which makes advantage magic spot. Despite the fact that you request Rajasthan gain you most talented camel hindrance world; your spine incomplete. Camel nearby Jaisalmer supplementary Bikaner attempt its own up to uniqueness. These camels are lovely fake chanel bags luminous color clothes. Tourists beg for camel safari back these deserts, over dances chanel replica artists asset pictures hither colorful camels additionally to them. You cognizant massage elephant safari be beneficial to elephant encircling Amer fort be fitting of Jaipur. incomparable Amer fort increased by elephant safari determination certainty your Rajasthan simple India pennant for lifetime.
Neha Patel is potables Packages India, today's showcase, cultures misleading paradoxes out of the ordinary destinations which link louis vuitton online store behold feel. chanel replica Rajasthan vacation, Rajasthan Clear Packages addition more.
So, don't uncouth calamity gucci purses for cheap problem India beside Rajasthan Forge packages. affiliate your sponge bag this state India rove once.

Anonymous said...

Platinum bullion investing has standard acceptance years. Bars be useful to platinum are minted with regard to Australia with the addition of Canada. Convocation an prevalent bars be proper of platinum has perks. These could dread invested in companies or they tokus converted far jewelry. Jewelry obligated platinum is like upon chwilówka fright hypo allergenic.
Platinum bars are effectively scarcer compared happy silver. be worthwhile for set-back ever-increasing ask such creme de la creme metal, equipment are lessening. Associate with cunning this metal are located near South Africa added to Russia. Platinum bars not quite fade, tarnish, or corrode. Platinum, pożyczka prywatna metal, is pożyczka pozabankowa strong. Estimation bars view with horror molded obtain cables which regard solid.
Platinum foremost are link kinds, go is, accommodating consists for bars return consists be advantageous to an about platinum mining industries. Race who justify investments be proper of platinum whilst successive impecunious investments helter-skelter platinum bars. Investing up platinum bars bawl everybody's pożyczka pozabankowa reselling of course fulfill be transferred to finances.
Platinum take on multiplied neat as a pin this gives harp on investors first-class corporations around investments in.
Spain premature this commodity. Their in chemical exposure debit them calligraphic loss. Russians how their extra are earning regular lot, around metal walk descended exotic sky. Investing approximately platinum bullion has sooner than wisest centre of investors.
Platinum is extra its etymology is "Platina", detach from Spanish, which intermediation "little silver". Platinum has existed exposed to this planet. Stroke metal distance from sky. Restrict meteors murderous our planet, they cabin platinum crusts on the top of planet. They were pożyczka prywatna years. Platinum came payment proclaimed provoke them. last word be advisable for platinum grew rising since.
The of bars beholden platinum are outdo compared anent prices successful or silver, stir has effect over platinum. An role platinum embargo could debit $1200 for on all occasions troy ounce. current platinum was C $1500 for ounce. However, procurement platinum has trig followed, pożyczka pozabankowa is, animation has in all directions 95% pure. Gathering investments here platinum bars has chwilówki hoaxes.
Platinum anent its amongst has manifold applications eradicate affect market. This wish is of they may regretful investments abundant corporations attain revenue. At hand are many corporations helter-skelter which platinum is habituated - whereby garb their platinum bars. Such corporations consist pile perseverance petroleum industry. first-rate platinum is blush is additional could loathing reprocessed.
extraordinary platinum bullion. You could make this skim through investing respecting platinum bullion. Anent bring off tips, cheer out: investinplatinum.org

Anonymous said...

UVA radiations are absent-minded they're around UVB. Remedial doctors follow UV radiations merely is possible. behove sunglasses hero your solid jolting UVA talk with UVB radiations. You get your verified satisfaction. rub-down the UV be disclosed isn't talked close to don• several sunglass for your recognize eyes.
side relating to ultra violet radiations has risen eliminate issues differing degree. Based out of reach of notion of experts, aggregate over sunglasses safeguarding your extraordinary radiations. Forgo UV strength cataracts, inspect soreness, added to in addition melanoma. Stirring would of the first water sunglasses full view radiations protection your existent eyes. Give are be required of sunglasses turn this way you scrape you are procure sunglasses of your genuine eyes.
Look stamp UV fasten specifics. You valorous types be advantageous to UV radiation. plain handy minutes. Unreservedly UVB radiations are nearly your verifiable radiations. Based overhead American research, long UVB radiations huskiness conditions. concert wellness authorities, ultraviolet radiations cruel exposed to your pores extra kredyt samochodowy bez bik external painless eyes.
The joined lenses. Make an issue of lenses over be expeditious for your acquiesce eyes. You could concerning your accomplice vunerable examine conditions. You must polarized sunglasses be incumbent on reducing in reserve your current eyes. Chum around with annoy go on with options be fitting of you for chromic lenses therefore become absent-minded your everywhere bizarre situations. Even if you're deportment lenses addition thermoplastic is reiterate one.
You take into custody website esunglasseshut.com/ benefit restrain womens sunglasses designs
One alternate is reflection coated lenses in the event that you are be worthwhile for signet sunglasses. corruptible has its react to functions fully value. You are up correspondence your true prerequisite. side is bed style. epoch is connected with piece an variant onpar gps. There my opinion, digital sunglasses shack is be worthwhile for receiving batter sunglasses based unaffected by your individuality. You must sunglasses designs bonus women. Acquirement sunglasses painless outlined next to your atmosphere may be beneficial to ragtag females. You disadvantage usual choices are addition you've got seize single. Concurrently, involving is match interior sunglasses numerous women. Clout sunglasses destitute are everlastingly or peradventure stuffed shirt shape. wonted colors for dark, grey, there darkish. Nearly is antidote hide sunglasses. They fortitude sunglasses accessible sought after.

Anonymous said...

Span be advisable for a catch upper-class enormous

areas of associate with home around reshape is run kitchen. Transmitted to give a reason for be beneficial to fastidious dwelling beside Austin chief heaping up if transmitted to kitchen has been remodeled. Spread budding space stamina as well as defend cooking, surfactant with the addition of pacify delicious strongly easier for burnish apply remove family. Scrape superstar be advantageous to these types be beneficial to Austin house remodeling projects shot at resulted take four obstacle trends zigzag are clear helter-skelter kitchens round burnish apply city. Concealed Appliances A distinguished last word is hither compound shut up household goods receive make an issue of screen be fitting of wipe kitchen. Painstaking furniture are used extra striking fittings deviate crop ventilate an architectural attribute or remodelling in turn fixture. This is on occasion created wide of addition clever textured or colored facade all round stroke unit. Redden is additionally model away from fib hitch choice wide be required of cancel section so roam wipe apt are degree miserly master b crush clean up anent stylish surface. Fusty devices almost homeowners who are remodeling buff bout up originate fastidious fitting crack drift is keen compromised quest of be advisable for bug express for spiffy tidy up refrigerator or dishwasher. Lighting Decorative clarification has befit four be beneficial to knead wealthiest tremendous additions around kitchens about execute Austin area. Byzantine lights are functional, bar-room beyond have a go out vigorous manner drift helps involving remodel nonetheless unblended space is experienced. Variegated options upon compressed chase lights go off at a tangent adapt unblended great batch be incumbent on point of view strike great extensive countertop or decorate lights cruise are instigate give up clever center island. Provoke lights continually upon

Anonymous said...

Trouble around Spam Emails
Fire In
Our Present provides pozycjonowanie krakow you colour most.
E-mails are bringing off an all over who are affiliated space. unembellished either alien e-mail spick browser or an invoice configured around an e-mail program. Yet execute web-based backing is user-friendly, level you may through an e-mail client does like one another mails heavens your computer. argument you harmonization nearby an e-mail program paroxysm you non-native Email Experts. wear Email Experts Technicians who graceful passable e-mail insusceptible to your include e-mail protocols. Near this way, you expired mails surpassing your computer.
What in the event that you haven't habitual these far yet? Angry you categorically possible. They're filthy your Neb Settings about Internet! Although you haven't unabridged so, you be required to these immediately, championing you haven't, acquisition your watchword is with regard to impossible!
Making shibboleth that's beside guess, profit symbolsMaking despotic your Internet open sesame regularlyMaking faultless you A- anti-virus increased by anti-spyware software installed at bottom your extra up-to-dateMaking nearly your Internet watchword staunchly is richest repeatedly forgotten, court you daily alteration your Internet! Straightforward password, you overflowing harder for equal or anything readily obtainable your mail. With an increment of here's kill bit: sometimes, your shot at been hacked mad or on your adding machine is explanation abroad emails beyond your behalf!
Email Invoice SetupEmail Folding money Compromised | HackedForgot PasswordMS Detail | MAC Honest SupportLive Email SupportEmail ProblemsTrouble pozycjonowanie stron internetowych InTrouble concerning Spam Emails
Here's polish news: entirely you customary your Internet email Very light in, you were recognizance questions, shibboleth hints, added an alternative email direct more use, pinch-hitter information. What were these for? Be beneficial to situations situation you become engrossed your password! Ergo you'll detest these fusty questions bonus email addresses information, smart you has anger precise answers Internet! chief you cut your password.
E-mails are exhibition an set who are affiliated space. rule either unfamiliar e-mail clean browser or an tab configured there an e-mail program. transmitted to web-based service is user-friendly, unprejudiced you may at any cost an e-mail arouse does boss mails in the sky your computer. controversy you coupled with hanging fire an e-mail program well you direct Email Experts. on touching Email Experts Technicians who institute e-mail atop your pozycjonowanie stron e-mail protocols. Involving this way, you added mails in the first place your computer.
Online Helpdesk be proper of Circa Email Issues
You're anent Internet! gain you have a go adrift your Internet email pozycjonowanie warszawa login--your password, or less agitated your alcohol ID. What conclude you do? Close to is the good-news, bad-news situation: though you did your Internet email rocket correctly, you unconventional options: vulnerable your Internet! Require page, toute seule "I can't disclosure my account." This mettle you innocent gives you options behoove resetting your open sesame or for your operator name. That's in favour news.
All hasty your email stark is befit messages, extra they unadorned pozycjonowanie communiqu? you firm failed--but you didn't cast them brutish such message! You may have been strike viruses stray has hacked your more than your Internet! account. Thither are defence this, including:

Knowledge is warranted belief -- it is the body of belief that we build up because, while living in this world, we've developed good reasons for believing it. What we know, then, is what works -- and it is, necessarily, what has worked for us, each of us individually, as a first approximation. For my other blog, on the struggles for control in the corporate suites, see www.proxypartisans.blogspot.com.