Laws and References

 

Are there Key factual Elements to determine a crime: 

 

LAWFUL DEFINITIONS ONE SHOULD KNOW:

Definitions pertinent to this case:

​

Indictment:  Do you know what an indictment is in law?

When a person is indicted, they are given formal notice that it is believed that they committed a crime. The indictment contains the basic information that informs the person of the charges against them.

Indictment Definition:

 

indictment | Wex | US Law | LII / Legal Information Institute

https://www.law.cornell.edu/wex/indictment

 

An indictment formally charges a person with a criminal offense.  The indictment enables a government prosecution of a suspected criminal actor for the offenses charged in the indictment.  During an indictment proceeding, a grand jury determines that there is adequate basis for bringing criminal charges against a suspected criminal actor.

 

GRAND JURY DEFINITION:

grand jury | Wex | US Law | LII / Legal Information Institute

https://www.law.cornell.edu/wex/grand_jury

​

What Is the Grand Jury and What Is An Indictment?

​

Probable Cause

Probable cause is a requirement found in the Fourth Amendment 

that must usually be met before police make an arrest, conduct a 

search, or receive a warrant. Courts usually find probable cause

when there is a reasonable basis for believing that a crime may

have been committed (for an arrest).

 

Probable Cause | Wex | US Law | LII / Legal Information Institute

https://www.law.cornell.edu/wex/probable_cause

​

FACT Definition & Meaning - Black's Law Dictionary

https://thelawdictionary.org/fact/

​

Presumption:

Presumption | Wex | US Law | LII / Legal Information Institute

https://www.law.cornell.edu/wex/presumption

 

A legal inference that must be made in light of certain facts.  

Most presumptions are rebuttable, meaning that they are

rejected if proven to be false or at least thrown into sufficient

doubt by the evidence.  Other presumptions are conclusive,

meaning that they must be accepted to be true without any

opportunity for rebuttal.  

 

                                             

 

​

 

​

​

"In Dubio, Pro Reo"

Inoncent Until proven guilty.

"All people have an intrinsic value. We have to have find out FACTS first, not assume automatically they are guilty. "

 

"The core value of our civilization is to have respect for other's and not use people as a scape goat."

 

Mens Rea:

Was it Neil's Intent to defraud,?

Did Neil speak or contract directly with collateralized loan partners? 

 

Mens Rea Definition:

​

 

Mens Rea refers to criminal intent. The literal translation from

Latin is "guilty mind." The plural of mens rea is mentes reae.

A mens rea refers to the state of mind statutorily required

in order to convict a particular defendant of a particular crime.

See, e.g. Staples v. United States, 511 US 600 (1994).

 

Mens Rea | Wex | US Law | LII / Legal Information Institute

https://www.law.cornell.edu/wex/mens_rea

 

Is it right to destroy someone's reputation without the facts? Is it a crime? 

 

Defamation is a statement that injures a third party's reputation.

defamation | Wex | US Law | LII / Legal Information Institute

https://www.law.cornell.edu/wex/defamation

​

​