Captive Pirate

Re: Captive Pirate

PostBy: stockingfull On: Mon Apr 13, 2009 11:24 am

av8r wrote:
Richard S. wrote:
stockingfull wrote:Juvenile/adult law questions are interesting.


Coming to theater near you soon. I'm sure you are aware of the recent events in my county.


http://www.citizensvoice.com/judges/
This link is broken, either the page no longer exists or there is some other issue like a typo.


Hey..another one of them thar smart, legal types taking things into their own hands.

Power corrupts. It's never been more true.

1. Do you think the guys paying the judges were lawyers too?

2. Think those kids deserve some payback for the time they shouldn't have spent in the house? Think they'll get what they deserve without a lawyer?
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Re: Captive Pirate

PostBy: av8r On: Mon Apr 13, 2009 11:28 am

Hey..another one of them thar smart, legal types taking things into their own hands.

Power corrupts. It's never been more true.[/quote]
1. Do you think the guys paying the judges were lawyers too?

2. Think those kids deserve some payback for the time they shouldn't have spent in the house? Think they'll get what they deserve without a lawyer?[/quote]


He shoots...he scores! LOL
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Re: Captive Pirate

PostBy: Richard S. On: Mon Apr 13, 2009 11:58 am

Back to the pirates ok, I linked to topic specifically to not drive this one off course.
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Re: Captive Pirate

PostBy: BobDavis On: Mon Apr 13, 2009 1:15 pm

I was wondering if he will be charged under Admirality Law (Civil Law of the Sea) as opposed to criminal violation of the US law. Since he was not on US soil, and the offense took place on the high seas, I don't think he will be charged under US federal criminal law. Admirality courts in the US are the federal district courts.

BD
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Re: Captive Pirate

PostBy: coaledsweat On: Mon Apr 13, 2009 1:28 pm

The buzz is he would go to the Federal Court in NYC if tried in the US.
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Re: Captive Pirate

PostBy: stockingfull On: Mon Apr 13, 2009 2:58 pm

There are very few admiralty lawyers who are "piracy experts." Here's a better summary than I could do at the moment (from http://legal-dictionary.thefreedictionary.com/Piracy):

The Constitution addresses piracy in Article 1, Section 8. It gives Congress "the Power … To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations." Generally, the definition of pirates meant rogue operators at sea—independent criminals who hijacked ships, stole their cargo, or committed violence against their crew. But standards in all areas under the law changed in response to judicial rulings and to historical incidents, forming by the mid-1800s what became the basis for contemporary law.

In 1790 Congress enacted the first substantive antipiracy law, a broad ban on murder and Robbery at sea that carried the death penalty. In 1818, however, the U.S. Supreme Court ruled that the law was limited to crimes involving U.S. citizens: U.S. jurisdiction did not cover foreigners whose piracy targeted other foreigners (United States v. Palmer, 16 U.S. [3 Wheat.] 610). A year later, in 1819, Congress responded by passing an antipiracy law to extend U.S. jurisdiction over pirates of all nationalities.

By the mid-nineteenth century, two other important changes occurred. Penalties for certain piracy crimes—revolt and mutiny—were reduced and were no longer punishable by death. Then the Mexican War of 1846–48 brought a radical extension of the definition of a pirate. The traditional definition of an independent criminal was broadened to include sailors acting on commissions from foreign nations, if and when their commissions violated U.S. treaties with their government. The Piracy Act of 1847, which established this broader definition, marked the last major change in U.S. piracy law.

Today, the primary source of antipiracy law is title 18, chapter 81, of the United States Code, although numerous other antipiracy provisions are scattered throughout the code. Additionally, international cooperation has shaped a unique form of jurisdictional agreement among nations. Significant in bringing about this cooperation was the geneva convention on the High Seas of April 29, 1958 and the 1982 United Nations Convention on the Law of the Sea. The primary effect of such agreements is to allow pirates to be apprehended on the high seas—meaning outside of territorial limits—by the authorities of any nation and punished under its own law. This standard is unique because nations are generally forbidden by International Law from interfering with the vessels of another nation on the high seas. It arose because piracy itself has never vanished; in fact, since the 1970s, it has appeared to have undergone a resurgence.
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Re: Captive Pirate

PostBy: Ashcat On: Wed Apr 22, 2009 12:44 pm

tvb wrote:
Ashcat wrote:His case will be a media sensation, millions of taxpayer dollars will be spent on him, and eventually he will be celebrated as a hero by the Left. His sentencing will be a book- and movie-deal.

I'm not kidding about this.


I think you are wrong and will bookmark your comment away for several months to prove it to you.

Well, two out of three in ten days ain't bad:
1) His image is already being rehabilitated by the media, as a teenaged victim rather than a perpetrator.
2) Between the tax-exempt/taxpayer-supported Islamic entities rushing to his aid, an inevitably high-dollar trial, and high-living (compared to Somalia) in a Federal pen even if he is convicted, indeed millions of taxpayer dollars will be spent on this. The book and movie deal, at this rate, may show up in 6 months, but I'll stick to my 18-24 month time frame at this point.

Links:
http://nymag.com/daily/intelligencer/20 ... l#comments

http://www.powerlineblog.com/archives/2009/04/023384.php
This link is broken, either the page no longer exists or there is some other issue like a typo.

http://www.cbsnews.com/news/somali-pira ... -mom-says/

http://www.chicagotribune.com/news/nationworld/sns-ap-us-piracy-suspect,0,5331964.story?track=rss
This link is broken, either the page no longer exists or there is some other issue like a typo.
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Re: Captive Pirate

PostBy: Poconoeagle On: Wed Apr 22, 2009 12:48 pm

yep his appointed council must be smart ducks....
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Re: Captive Pirate

PostBy: coaledsweat On: Wed Apr 22, 2009 12:55 pm

This is America, his cut on the book deal will exceed Somalia's GDP.
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Re: Captive Pirate

PostBy: Poconoeagle On: Wed Apr 22, 2009 1:05 pm

From what i read this am, This guy is/was the leader of this incident. he was on the boat first, shot at the capt first, bragged to the capt while he was being held in the lifeboat that he has done this several times before.

Real pirates of old were also usually quite young yet as brazen as this one. maybe the law firm of Bennidict Arnold & Arnold will represent the poor misguided good boy. :shock:
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Re: Captive Pirate

PostBy: Poconoeagle On: Wed Apr 22, 2009 1:18 pm

coaledsweat wrote:This is America, his cut on the book deal will exceed Somalia's GDP.



I wonder what his pirate name is>?????...
http://www.piratequiz.com/
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