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View Diary: The Legal Schnauzer, Caged *Updated* (56 comments)

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  •  it appears he took the wrong route (3+ / 0-)
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    Murphoney, Rich in PA, Wee Mama

    I have been involved in a court case since 2009 with no end in sight as the endless wrangling goes on.  However, you obey every court order and then seek to have it lifted while you appeal (or the other side appeals, depending on whom the order favors)
    In other words, you go through the system and treat the system with respect (even while it deserves none in some cases) and play by the rules or be willing to take the penalties.

    Prior restraint is generally prohibited because it is anticipatory. So far it is not possible to arrest me for an act I have not yet committed.  This was seen prior to the 1920s (I think) when gangsters could not be prosecuted for merely planning a crime.  Conspiracy was not criminalized until later, which I guess is one of the first example of arresting a person for something he has not yet done.  However this was done by making the act of conspiring to commit a crime a separate crime and not necessarily part of the original crime.

    I apologize if I am not explaining well as I am a bit fuzzy; here is Wiki on the matter

    http://en.wikipedia.org/...

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