Bragg Prosecution Still Fails to Show and Prove the "Underlying Crime"

I'll keep repeating because you Magats are stupid that it is NOT required by NYS law.

I can repeat how Trespass, a misdemeanor, becomes Felony Trespass if you need that example repeated.

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To convict Trump, Merchan told the jury they will have to find unanimously — that is, all 12 jurors must agree — that the former president created a fraudulent entry in his company’s records or caused someone else to do so, and that he did so with the intent of committing or concealing another crime.

What’s being distorted by some online is the judge’s instruction about how to reach a verdict about that second element.

Prosecutors say the crime Trump committed or hid is a violation of a New York election law making it illegal for two or more conspirators “to promote or prevent the election of any person to a public office by unlawful means.”

Merchan gave the jurors three possible “unlawful means”: falsifying other business records, breaking the Federal Election Campaign Act or submitting false information on a tax return.

For a conviction, each juror would have to find that at least one of those three things happened, but they don’t have to agree unanimously which it was....
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QP! said:
I'll keep repeating because you Magats are stupid that it is NOT required by NYS law.

I can repeat how Trespass, a misdemeanor, becomes Felony Trespass if you need that example repeated.
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sorry, but you overlook the part where it is required by the 6th amendment.....

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
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QP! said:
I'll keep repeating because you Magats are stupid that it is NOT required by NYS law.

I can repeat how Trespass, a misdemeanor, becomes Felony Trespass if you need that example repeated.
Click to expand...
6th Amendment:


For the jury's composition, the Sixth Amendment grants citizens the right to a jury composed of impartial members drawn from the local community. Convictions in these trials are also forbidden unless every element of the crime has been proven beyond a reasonable doubt by the same impartial jury.
 
I'm sure the jury will be polled no matter what they decide. Any hesitation from any one of them is grounds for a mistrial.
 
Grokmaster said:
6th Amendment:


For the jury's composition, the Sixth Amendment grants citizens the right to a jury composed of impartial members drawn from the local community. Convictions in these trials are also forbidden unless every element of the crime has been proven beyond a reasonable doubt by the same impartial jury.
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PostmodernProphet said:
sorry, but you overlook the part where it is required by the 6th amendment.....
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And yet laws like Felony Trespass have existed for decades with the underlying crime (was he there to kidnap, murder, rob, etc) never needing to be proven or even isolated to one offense.

I know, I know, you two are so stupid you say 'we can see what you are saying and KNOW historically that is true, but we still disagree'.

You disagree because you are stupid.
 
QP! said:
And yet laws like Felony Trespass have existed for decades with the underlying crime (was he there to kidnap, murder, rob, etc) never needing to be proven or even isolated to one offense.

I know, I know, you two are so stupid you say 'we can see what you are saying and KNOW historically that is true, but we still disagree'.

You disagree because you are stupid.
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I'm sorry, but you DO realize how totally irrelevant your comment is, right.....the 6th amendment requires the prosecutor to notify the defendant he is on trial for felony trespass and to prove the charge beyond a reasonable doubt as well.....

shucks, when you pump gas your boss requires you to tell the customer whether you're charging him for regular or premium doesn't he.......
 
PostmodernProphet said:
I'm sorry, but you DO realize how totally irrelevant your comment is, right.....the 6th amendment requires the prosecutor to notify the defendant he is on trial for felony trespass and to prove the charge beyond a reasonable doubt as well.....

shucks, when you pump gas your boss requires you to tell the customer whether you're charging him for regular or premium doesn't he.......
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Are you back commenting on law despite your history of NEVER getting it right? Really?

The 6th Amendment requires they identify the TOP crime of Felony Trespass, BUT NOT, the underlying crimes that allowed misdemeanor Trespass be escalated to a felony. The underlying crimes can be any of a number of ASSUMPTIONS the jury can use as to why the trespasser was in the yard with his tools for break and entry, abduction or murder.

Just as Bragg was required by the 6th Amendment and DID identify the top level crime to Trump's legal team but the underlying crimes that escalated it to a felony DO NOT need to be identified, and can be any of the 3 the judge out lined in his jury instruction.

You need to try and be less stupid and STOP commenting on law.

...
To convict Trump, Merchan told the jury they will have to find unanimously — that is, all 12 jurors must agree — that the former president created a fraudulent entry in his company’s records or caused someone else to do so, and that he did so with the intent of committing or concealing another crime.

What’s being distorted by some online is the judge’s instruction about how to reach a verdict about that second element.

Prosecutors say the crime Trump committed or hid is a violation of a New York election law making it illegal for two or more conspirators “to promote or prevent the election of any person to a public office by unlawful means.”

Merchan gave the jurors three possible “unlawful means”: falsifying other business records, breaking the Federal Election Campaign Act or submitting false information on a tax return.

For a conviction, each juror would have to find that at least one of those three things happened, but they don’t have to agree unanimously which it was....
.
cite
Click to expand...
 
QP! said:
Are you back commenting on law despite your history of NEVER getting it right? Really?

The 6th Amendment requires they identify the TOP crime of Felony Trespass, BUT NOT, the underlying crimes that allowed misdemeanor Trespass be escalated to a felony.
Click to expand...
lol....gas station clerks posing as armchair lawyers should switch to premium fuel........the prosecutor IS required to charge lesser included offenses and to prove them beyond a reasonable doubt......it is required by the US constitution......
 
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