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(It must be said, since some people are keen not speak intelligently about criminal conduct: referring to a legal definition so pertinent ones's reflection on the purpose of law enforcement and their consequences. That is namely controlling uniformity in behavior according to the mores of a society. In this case commentators are keen to admit that one crime justifies another: A special prosecutor deliberately legitimates the offense of one suspect in order to entrap another suspect in fabrication of a felony offense. This sequence of revelations about "the truth" is not "good" and was not necessary to convict the suspect. No matter what satisfaction some observers may now find in punishment of moral turpitude however misdirected, this case demonstrates above all, that satisfaction legitimates arbitrary application of law is socially acceptable in USA.)

extortion

The obtaining of property from another induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.

Under the Common Law, extortion is a misdemeanor consisting of an unlawful taking of money by a government officer. It is an oppressive misuse of the power with which the law clothes a public officer. Most jurisdictions have statutes governing extortion that broaden the common-law definition. Under such statutes, any person who takes money or property from another by means of illegal compulsion may be guilty of the offense. When used in this sense, extortion is synonymous with blackmail, which is extortion by a private person. In addition, under some statutes a corporation may be liable for extortion.

Elements of Offense

Virtually all extortion statutes require that a threat must be made to the person or property of the victim. Threats to harm the victim's friends or relatives may also be included. It is not necessary for a threat to involve physical injury. It may be sufficient to threaten to accuse another person of a crime or to expose a secret that would result in public embarrassment or ridicule. The threat does not have to relate to an unlawful act. Extortion may be carried out by a threat to tell the victim's spouse that the victim is having an illicit sexual affair with another.

The identities of perpetrator(s) and subject of the crime are neither obscure nor abstruse facts.

What is the threat?
Who is threatened?
Who received the money?


Diversity is the key to economic and political evolution.

by Cat on Thu Aug 23rd, 2018 at 04:08:50 PM EST
[ Parent ]
1. limited-purpose public figure
" a person who voluntarily and prominently participates in a public controversy for the purpose of influencing its outcome and who is thus required as a public figure to prove actual malice in a defamation suit"
2. limited-purpose public figure
"someone who is not so famous as to be a household name, but who has become well known with regard to a particular issue. For example, a businessperson who has high visibility because of fundraising efforts in a community may not be a public figure for purposes other than the individual's community activity."
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Russians Lose Defamation Suit Over Trump Dossier , 2018

In a 24-page opinion filed Monday [20 AUG], Epstein wrote Steele and Orbis Business Intelligence had done enough to show the allegations in the dossier about the businessmen are an issue of public interest in the United States and that the businessmen qualify as "limited-purpose public figures."
DC Circuit Discusses "Limited Purpose" Public Figures, 2017
Citing Gertz v. Robert Welch, Inc., the Court of Appeals noted that "public figures are those who have 'thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved.'" The Court of Appeals applied the three-part test to determine whether Kahl is a limited purpose public figure:

First, the court must identify the relevant controversy and determine whether it is a public controversy. Second, the plaintiff must have played a significant role in that controversy. Third, the defamatory statement must be germane to the plaintiff's participation in the controversy.

ABA | In the Future, Will We All Be Limited-Purpose Public Figures?, 2014
In a libel lawsuit, the court will be asked to classify the plaintiff as a public official, an all-purpose public figure, a limited-purpose public figure, or a private figure. Defendants have greater constitutional protection when the plaintiff is a public official or public figure of some sort than when the plaintiff is deemed a private figure.3 Access to the media and the ability to inject oneself into a controversy has been a factor in determining whether a plaintiff is a public or private figure. Naturally, this raises the question of whether the use of Facebook or Twitter or other social media--especially if material has "gone viral"--will turn otherwise private plaintiffs into public figures. [PAY WALL]



Diversity is the key to economic and political evolution.
by Cat on Thu Aug 23rd, 2018 at 07:46:32 PM EST
[ Parent ]

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