Temporary FAQ thread

Daisybabe

Bluelight Crew
Joined
Sep 21, 2000
Messages
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After some discussion, it has been decided that the Legal FAQ thread is a great idea. This thread will serve as the clearing house for all links, topic ideas, pasted information, whatever you all think is appropriate to be included in the FAQ. Some ideas previously mentioned by Exxhead were definitions of terms such as Schedule I,II, etc, the Analogue Act, as well as some CJ terms like entrapment.
After a period of time, one unlucky mod (
wink.gif
) will attempt to organize it into some semblance of order, and that will be the "Official FAQ Thread."
So, get busy! lol
 
ENTRAPMENT - A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.
However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.
On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.
In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:
- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.
- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.
- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.
On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.
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Source: 'Lectric Law Library
 
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That's a lot of stuff. Here's the paraphernalia definition. Thanks to www.erowid.org.
[Code of Federal Regulations]
[Title 21, Sec 863]
[Revised as of April 1, 1999]
Drug Paraphernalia - Sec. 863
In general
It is unlawful for any person
to sell or offer for sale drug paraphernalia;
to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
to import or export drug paraphernalia.
Penalties
Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under title 18.
Seizure and Forfeiture
Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.
''Drug paraphernalia'' defined
The term ''drug paraphernalia'' means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, (FOOTNOTE 1) cocaine, hashish, hashish oil, PCP, or amphetamines into the human body, such as :
metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
water pipes
carburetion tubes and devices
smoking and carburetion masks
roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand
miniature spoons with level capacities of one-tenth cubic centimeter or less
chamber pipes
carburetor pipes
electric pipes
air-driven pipes
chillums
bongs
ice pipes or chillers
wired cigarette papers; or
cocaine freebase kits
Matters considered in determination of what constitutes drug paraphernalia
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
instructions, oral or written, provided with the item concerning its use
descriptive materials accompanying the item which explain or depict its use
national and local advertising concerning its use
the manner in which the item is displayed for sale
whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products
direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise
the existence and scope of legitimate uses of the item in the community; and
expert testimony concerning its use
Exemptions
This section shall not apply to :
any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory
(FOOTNOTE 1) So in original. Probably should be ''marihuana,''.
 
And here's the analogue act:Appendix A
Controlled Substance Analogue Enforcement Act of 1986
P.L. 99-570. Subtitle E, Title I.
--------------------------------------------------------------------------------
SEC. 1202. TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES
Part B of the Controlled Substances Act is amended by adding at the end of the following new section:
"TREATMENT OF CONTROLLED SUBSTANCE ANALOGUES"
"SEC 203. A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of this title [Title I; "Enforcement"] and title III ["Interdiction"] as a controlled substance in schedule I."
SEC 1203. DEFINITION.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end thereof the following:
"(32)(A) Except as provided in subparagraph (B), the term `controlled substance analogue' means a substance ---
"(i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;
"(ii) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulent, [sic] depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II;
"(iii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
"(B) Such term does not include ---
"(i) a controlled substance;
"(ii) any substance for which there is an approved new drug application;
"(iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to such substance is pursuant to such exemption; or
"(iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.".
SEC. 1204. CLERICAL AMENDMENT.
The table of contents of the Comprehensive Drug Abuse Prevention and Control Sct of 1970 is amended by inserting after the item relating to section 202 the following new item: "Sec. 203. Treatment of controlled substance analogues.".
 
LOL!! PottedMeat sent me an email too saying check out "Paladin", which gives you this
So I was thinking, "ok, thats nice, but computers? Wtf?
wink.gif
*Now* I see...
 
^^
Sorry. I did the same thing when I went to log on later. Me no spell good some times.
 
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