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Right to Crime

PostPosted: Tue Apr 19, 2016 10:25 am
by squark
If anyone wants a good question to ask in any court...........

May a State party convert the enjoyment of a Fundamental Human Right into a crime?

:puzz: .................. :wink: :wink:

Re: Right to Crime

PostPosted: Tue Apr 19, 2016 10:57 am
by Dreadlock
maxim - contract makes the law.

Re: Right to Crime

PostPosted: Tue Apr 19, 2016 5:56 pm
by musashi
According to a lawyer I spoke to one time in a court when I was hassling security to wear name badges and telling them the Home Office said it was a crime not to - no.
He said it was an offence and not a crime.

A crime is in common law and in statute it's an offence and is not classed as a criminal conviction.
Driving without insurance, for example, may bring a conviction in court but it does not go down as a criminal conviction.
So he said.
Assuming he is right then the answer is no - a state cannot make a crime of a right, only an offence.
Lance.

Re: Right to Crime

PostPosted: Wed Apr 20, 2016 12:30 pm
by Dreadlock
Following a brief investigation there doesn't seem to be much of a difference between crime and offence. Both can result in heavy jail sentences and they are pretty much synonymous. The Crown lists both common law and statutory "crimes" as "offences".
A more revealing question would be "May a State lawfully punish a man for enjoying a God given/natural right?"

Re: Right to Crime

PostPosted: Wed Apr 20, 2016 5:16 pm
by musashi
My argument with him exactly, dread.
And your question is better.
Lance.

Re: Right to Crime

PostPosted: Wed Apr 20, 2016 11:44 pm
by squark
Eternally aware has been telling me today these are natural rights, common law rights.

So we are defending the same things.

They stick a legal personality to you.
Then they stick a charge on that legal person, require a license, oblige it to a duty, tax it's efforts.


It's nothing more than calling us names.