Author Topic: Stolen Valor is now legal  (Read 10724 times)

T.O.M.

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Re: Stolen Valor is now legal
« Reply #50 on: July 28, 2010, 08:43:14 AM »
To respond to the question about implying you are a cop, think of it this way.  On Halloween, you dress up like a cop, or FBI agent, and go to a party.  You have not violated any laws.  Have a good time.

You go to a bar, tell a young cop groupie that you're a cop to get in her pants, and you've not broken any laws.  Though, I've got to admit, as someone who sits on the bench, I'd love to hear a case like Ned describes from Israel.   >:D

My interest in this whole situation is that it is truly rare these days when anyone in the federal court system looks at a criminal charge and even wonders for a second whether or not the government was acting in compliance with the Constitution when they created the law.  How many times do we see garbage passed by the DC crowd, and then see a federal judge rubber stamp the law, falling back on theCommerce Clause.  I can't find it on-line, but I know personally of a case (I prosecuted the State case) where a guy in Ohio was charged with federal firearms offenses involving a Hi Point pistol and carbine.  his attorney argued that there was no federal case, as the guns were not involved in interstate commerce (made in Ohio, sold in Ohio, possessed in Ohio).  The judge said that the guns were put in the stream of interstate commerce, and just because they were purchased before they actually left the state does not impact teh jurisidiction of the federal government to regulate them.  I find it legally interesting, and actually refreshing, to see someone challenge a law in this way, and have a judge actually say "you're right, the feds have gone too far on this one."
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
"Anybody can give legal advice - but only licensed attorneys can sell it."...vaskidmark

Ned Hamford

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Re: Stolen Valor is now legal
« Reply #51 on: July 28, 2010, 10:47:13 AM »
You go to a bar, tell a young cop groupie that you're a cop to get in her pants, and you've not broken any laws.  Though, I've got to admit, as someone who sits on the bench, I'd love to hear a case like Ned describes from Israel.   >:D

Well, depends on the state  =D

http://en.wikipedia.org/wiki/Rape_by_deception

There's a good TWO in the United States.   :police:

Just use some of those new fangled federal laws that say something in one state counts even if your not in that state.
 [tinfoil]
Improbus a nullo flectitur obsequio.

T.O.M.

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Re: Stolen Valor is now legal
« Reply #52 on: July 28, 2010, 02:04:40 PM »
Ned,

This is a facinating legal theory, Rape by Deception.  I wonder where the law would draw the line...a married man pretending to be single, probably...young male claiming to be star athlete, war hero, fighter pilot out of Top Gun, maybe...guy who says "I love you, too," doubtful.  I can't imagine how as a prosecutor you can cinvince a full jury that the woman would not have willingly engaged in a sex act but for the mans; claims to be something or someone he wasn't.  Traditional rape cases are hard enough to convince a jury of...

As to the OP, I need only look to the breaking news concerning Arizona's laws to see that in federal court, anything is possble, right or wrong...   [barf]
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
"Anybody can give legal advice - but only licensed attorneys can sell it."...vaskidmark