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1 posted on 01/29/2013 6:03:55 PM PST by Pan_Yan
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To: Pan_Yan
Lawyers for both groups of Somalis urged the Supreme Court to consider whether the Fourth Circuit was correct in permitting judges to embrace a broad definition of “piracy” that exceeds Congress’s 1819 definition of “robbery at sea.” “Mere firing of a weapon at a ship does not constitute piracy for purposes of the Piracy Statute,” lawyers for the Somalis argued in their brief to the court.

I do not approve of courts rewriting laws, but firing guns at a ship at sea is fundamentally a part of the act of robbery. I would vote to convict a rapist of rape, even if he was arrested after stripping himself and an unwilling victim but prior to completing the act. I would vote to convict an arsonist of arson even if his fire was extinguished by a vigilant homeowner before it could damage the building. I would certainly vote to convict someone who shoots at another ship at sea, without provocation, of piracy. When the ship they choose to attack is a warship, I would convict them of both piracy and stupidity (and very quietly reprimand the warship's captain for failing to shoot back with rapid and overwhelming firepower).

2 posted on 01/29/2013 6:11:32 PM PST by Pollster1
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To: Pan_Yan

http://www.volokh.com/2012/05/24/60366/

Good exposition.

Basically the defense claimed since it wasn’t a successful robbery it wasn’t piracy. Even ‘technically’, that’s silly.


7 posted on 01/29/2013 6:58:28 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat Party!)
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To: Pan_Yan

“a move that will make it significantly easier for the government to prosecute and convict suspected Somali pirates in federal court.”

The hell with that. Sink the boat out from under them and let them swim back to shore.


9 posted on 01/29/2013 7:21:16 PM PST by Parley Baer
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