- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Capitol “incursion” question for board defense attorneys or prosecutors
Posted on 1/15/21 at 11:12 am
Posted on 1/15/21 at 11:12 am
If a person was permitted in a side door by Capitol Police, and did nothing criminal once inside, how can they be charged with a crime? By “doing nothing inside,” I mean no disruption, no trespassing, no obstruction of officers, etc. Wouldn’t the invitation into the building by police followed by an arrest be entrapment?
This post was edited on 1/15/21 at 11:13 am
Posted on 1/15/21 at 11:18 am to MeatCleaverWeaver
I’m not a criminal atty but most of these ppl have been essentially charged with being in a restricted area. My understanding is that it’s essentially the same as trespassing (although I could be wrong).
My gut reaction is that trespassing requires the entry to be into an area you don’t have permission to be. But I’m thinking they would have to raise the issue of permission by way of an affirmative defense. Meaning they would have the burden of proof.
From reading the thread of the nearly illiterate Sullivan - I couldn’t tell if he was saying the cops left them in bc the cops were sympathetic to Trump or BLM.
Plus-definitely he people who got into the building itself (not the restricted perimeter but the actual building) - forced their way in by breaking windows and climbing thru. And that’s definitely illegal. And would be dangerous NOT to prosecute. You can’t let ppl get away with that kind of shite. You have to enforce laws or they become unenforceable.
Ex. Those ppl violating election laws probably believed they were justified bc OMB is such a meanie pants and they were helping the country. Helping the country is a noble intent. It’s the intent to violate the law that matters - not whether your feelings were motivated by something positive.
The Trumpers who went in thru broken windows-were participants in a riot. Even tho they were motivated by something which you may see as good; they were still intentionally violating criminal trespass statutes.
My gut reaction is that trespassing requires the entry to be into an area you don’t have permission to be. But I’m thinking they would have to raise the issue of permission by way of an affirmative defense. Meaning they would have the burden of proof.
From reading the thread of the nearly illiterate Sullivan - I couldn’t tell if he was saying the cops left them in bc the cops were sympathetic to Trump or BLM.
Plus-definitely he people who got into the building itself (not the restricted perimeter but the actual building) - forced their way in by breaking windows and climbing thru. And that’s definitely illegal. And would be dangerous NOT to prosecute. You can’t let ppl get away with that kind of shite. You have to enforce laws or they become unenforceable.
Ex. Those ppl violating election laws probably believed they were justified bc OMB is such a meanie pants and they were helping the country. Helping the country is a noble intent. It’s the intent to violate the law that matters - not whether your feelings were motivated by something positive.
The Trumpers who went in thru broken windows-were participants in a riot. Even tho they were motivated by something which you may see as good; they were still intentionally violating criminal trespass statutes.
This post was edited on 1/15/21 at 11:23 am
Posted on 1/15/21 at 11:22 am to Wednesday
quote:
lus-definitely some of the people who got in there - forced their way in by breaking windows or climbing thru. And that’s definitely illegal.
Yeah no doubt about that, and as I said, I was mainly referring to anyone who went in via police invite/welcome, and just stood around with their finger up their butt and did nothing wrong.
Posted on 1/15/21 at 11:29 am to Wednesday
quote:
Plus-definitely he people who got into the building itself (not the restricted perimeter but the actual building) - forced their way in by breaking windows and climbing thru. And that’s definitely illegal. And would be dangerous NOT to prosecute. You can’t let ppl get away with that kind of shite. You have to enforce laws or they become unenforceable.
I agree, but there is that matter of a bizarre double standard of FBI action and inaction.
Posted on 1/15/21 at 11:31 am to Auburn1968
quote:
bizarre double standard
Come on man, that was a community bonfire that got out of control...
Posted on 1/15/21 at 12:11 pm to MeatCleaverWeaver
quote:People are charged with crimes because that's part of the show. Every time they arrest some guy that was taking selfies in the Capitol, it's breaking news like they just tracked down the Unabomber.
If a person was permitted in a side door by Capitol Police, and did nothing criminal once inside, how can they be charged with a crime?
Popular
Back to top
Follow TigerDroppings for LSU Football News