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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: Zoltan! who wrote (22385)6/30/2000 5:37:54 PM
From: haqihana  Respond to of 769667
 
Zoltan,
Some people just don't recognize the truth when it is shown to them so plainly, and effectively.

~;=;o --haqi



To: Zoltan! who wrote (22385)6/30/2000 10:01:47 PM
From: lawdog  Read Replies (2) | Respond to of 769667
 
Zooty and the Blowhards: read and learn (if you are able)

felon

['fe-len]

Anglo-French felon fel, literally, evildoer, from Old French, probably of Germanic origin

: one who has committed a felony

felony
['fe-le-ne]

pl: -nies
: a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor

specif
: a federal crime for which the punishment may be death or imprisonment for more than a year

crime
['krim]

Middle French, from Latin crimen fault, accusation, crime

1: conduct that is prohibited and has a specific punishment (as incarceration or fine) prescribed by public law
(compare delict tort)

punishment

a penalty (as a fine or imprisonment) inflicted on an offender through the judicial and esp. criminal process


United States Constitution
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process* of law;** nor shall private property be taken for public use, without just compensation.

* due process is inclusive of a trial.
**entire emphasis = punished (among other things).

So without a trial, there is no felony because you must have due process of law to receive a penalty. Due process will determine whether there has been a crime and, if so, whether that crime is a FELONY. Once you are convicted of a felony you become a felon. One can be charged with a felony, thus the distinction between "convicted felon" and "alleged felon". [you are incredible dumb]

ANOTHER TAKE:

felonies all have requisite mental states and/or aggravating circumstances that must be proven beyond a reasonable doubt. The presence or absence of the requisite mental state (mens rea or intent) will be one of the deciding factors in whether an act was felonous. Killing for example, may be a felony, a misdemeanor, a tortious wrongdoing or not actionable at all. The intent, actual or implied, cannot be ascertained merely by witnessing a crime, although it can provide some evidence of the actor's intentions.

If you had really attended law school you would know these things (amongst the many other legal concepts that you convienently forgotten). Or maybe your law school doesn't teach its students criminal law and procedure (which would make it non-accredited). In any case you lack sufficent legal ability and knowledge to lawyer yourself out of a paper bag.

If you had any claim that you could possibly be correct you are using a chicken/egg arguement. This is not analogous. Felony is an concept created by our system of laws. Without the same system that requires due process there is no felony. You can call it evil or horrible or whatever you like, but the term felon and felony are legal terms of art. Look up a couple of felonies in the Federal Code. You will see that it is laid out in plain view for you to see.

There you have Zooty and the Blowhards. You are duly noted as being WRONG. I will not discuss this issue any longer. Have a nice weekend.