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To: Sherman Logan
Decent points. Though carried to its logical conclusion it means the members of any large enough crowd/gang/mob will be immune to arrest and prosecution.

How in the world do you derive that? This is about individualized probable cause. The organized crime law Reyna is using has been used as an additional charge to other actual crimes that a perp actually committed.

Reyna is obviously seeing if the can make it the ONLY crime he charges.

13 posted on 07/03/2015 5:45:17 AM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o

In any large enough crowd or mob, it is usually impossible to determine which individuals committed which specific illegal act.

Part of the ancient law of conspiracy and accessory is that if you’re part of a group involved in illegal activities, you share some of the guilt for actions committed by any of the members.

Here’s, I think, the relevant section of TX criminal code.

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.71.htm


16 posted on 07/03/2015 5:52:34 AM PDT by Sherman Logan
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To: don-o
-- Reyna is obviously seeing if the can make it the ONLY crime he charges. --

The conspiracy statute can be the only crime. As long as there is evidence of intent and conspiracy to commit one of numerous offenses. The intent element is necessary, and association, without more, does not establish intent.

The intent element is fairly lengthy in its own right, but reads to me like an intention to "share or personally profit" via commission of one of the enumerated crimes (gambling, prostitution, gun sales, murder, and probably 100 other offenses), with the intent also necessarily being part of a group effort. If a person conspires for himself, the conspiracy doesn't meet the intent element in this statute.

For what it's worth, judges almost always uphold unsupported allegations. "The law in principle" bears only resemblance in form, to the way substantive law is practiced by the government capos and goons. Thousands of cases and decisions bear this out in black and white.

20 posted on 07/03/2015 6:12:33 AM PDT by Cboldt
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