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Piracy V Mutiny

This document defines and distinguishes between several legal concepts: 1) It compares piracy and mutiny, noting that piracy involves robbery for private gain while mutiny intends to cause disruption among members of a group. 2) It outlines the differences between arbitrary detention, illegal detention, and unlawful arrest relating to whether committed by public or private actors and reasons for detention. 3) It defines treason, rebellion, coup d'etat, and sedition in terms of those who can commit the acts, their targets, methods, and goals of overthrowing authority or government. 4) It also distinguishes between illegal assembly and illegal association based on whether a meeting occurs and purposes of committing crimes

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145 views2 pages

Piracy V Mutiny

This document defines and distinguishes between several legal concepts: 1) It compares piracy and mutiny, noting that piracy involves robbery for private gain while mutiny intends to cause disruption among members of a group. 2) It outlines the differences between arbitrary detention, illegal detention, and unlawful arrest relating to whether committed by public or private actors and reasons for detention. 3) It defines treason, rebellion, coup d'etat, and sedition in terms of those who can commit the acts, their targets, methods, and goals of overthrowing authority or government. 4) It also distinguishes between illegal assembly and illegal association based on whether a meeting occurs and purposes of committing crimes

Uploaded by

KevinRubio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Piracy v mutiny

1. Piracy
a. Animo furandi, universal hostility, rob or depredate
b. Committed by strangers, rpc; committed by members, pd 532
2. Mutiny
a. No intent to gain, intent to be subversive or cause commotion
b. Rpc, committed only by members/passengers

Arbitrary detention v Illegal detention v Unlawful arrest

1. Arbitrary detention
a. Committed by public officers
b. Usually because of arrest without warrant
c. >3, 3-15, >15 <6, 6+
2. Illegal detention
a. Private person
b. Reason is immaterial
3. Unlawful arrest
a. Private person, public person with no power to arrest
b. Purpose of delivering him to proper authorities

Treason v Rebellion v Coup d’etat v Sedition

1. Treason
a. Any person
b. Targets government
c. Levying war, giving aid or comfort
d. Surrender to enemy or weaken defenses
e. Two witness rule
2. Rebellion
a. Any person liable
b. Target is government
c. Public uprising, taking up arms
d. Overthrow the government
3. Coup
a. Public officers, military/police personnel
b. Target is authorities, military camps/installations, comm networks, etc
c. Swift attack w/ violence, intimidation, threat, stealth, strategy
d. Seize diminish power
4. Sedition
a. Any person
b. Public uprising, tumultuous
c. 5 objects
d. Political or social end
Illegal assembly v Illegal association

1. Illegal assembly
a. Any person, leading, organizing, participating
b. Meeting per se is punished
c. Purpose is to commit crime under rpc, or to incite to TRSD
2. Illegal association
a. Any person, founders, presidents, members
b. Association per se is punished—no meeting required
c. Purpose of establishment, whether totally or partially, to commit crimes under rpc or
against public morals

Direct assault v indirect assault – APIA must be victim of direct assault resulting in indirect assault

Counterfeit v False v Mutilated coins

1. False – forged or not authorized as legal tender


2. Counterfeit – may be an act of forgery, presupposes an original. Must bear resemblance
3. Mutilated – presupposes an original coin, defiled to remove valuable metals

Actual v Constructive possession

1. Actual possession – direct physical possession and control of thing


2. Constructive possession – no direct physical possession, but has actual control over it.
Possession is by fiction of law.

Perjury v Subornation of perjury

1. Perjury – offender knowingly makes a false testimony or false affidavit before a competent
authority under oath or affirmation. Criminal design is from material executor.
2. Subornation – inducing or procuring another to commit perjury. Not punished per se, but liable
under Art. 17

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