The Glade 4.0

In many states (including pa) there is a law protecting individuals from being prosecuted for posession of something illegal during the reasonable time it takes them to bring it to the attention of authorities. Apparently even though the basis for this derived from English common law - it is currently absent there in practice.

http://www.thisissurreytoday.co.uk/news ... ticle.html

A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for "doing his duty".

Paul Clarke, 27, was found guilty of possessing a firearm at Guildford Crown Court on Tuesday – after finding the gun and handing it personally to police officers on March 20 this year.

The jury took 20 minutes to make its conviction, and Mr Clarke now faces a minimum of five year's imprisonment for handing in the weapon.

In a statement read out in court, Mr Clarke said: "I didn't think for one moment I would be arrested.

"I thought it was my duty to hand it in and get it off the streets."


The court heard how Mr Clarke was on the balcony of his home in Nailsworth Crescent, Merstham, when he spotted a black bin liner at the bottom of his garden.

In his statement, he said: "I took it indoors and inside found a shorn-off shotgun and two cartridges.

"I didn't know what to do, so the next morning I rang the Chief Superintendent, Adrian Harper, and asked if I could pop in and see him.

"At the police station, I took the gun out of the bag and placed it on the table so it was pointing towards the wall."

Mr Clarke was then arrested immediately for possession of a firearm at Reigate police station, and taken to the cells.

Defending, Lionel Blackman told the jury Mr Clarke's garden backs onto a public green field, and his garden wall is significantly lower than his neighbours.

He also showed jurors a leaflet printed by Surrey Police explaining to citizens what they can do at a police station, which included "reporting found firearms".

Quizzing officer Garnett, who arrested Mr Clarke, he asked: "Are you aware of any notice issued by Surrey Police, or any publicity given to, telling citizens that if they find a firearm the only thing they should do is not touch it, report it by telephone, and not take it into a police station?"

To which, Mr Garnett replied: "No, I don't believe so."

Prosecuting, Brian Stalk, explained to the jury that possession of a firearm was a "strict liability" charge – therefore Mr Clarke's allegedly honest intent was irrelevant.

Just by having the gun in his possession he was guilty of the charge, and has no defence in law against it, he added.

But despite this, Mr Blackman urged members of the jury to consider how they would respond if they found a gun.

He said: "This is a very small case with a very big principle.

"You could be walking to a railway station on the way to work and find a firearm in a bin in the park.

"Is it unreasonable to take it to the police station?"

Paul Clarke will be sentenced on December 11.

Judge Christopher Critchlow said: "This is an unusual case, but in law there is no dispute that Mr Clarke has no defence to this charge.

"The intention of anybody possessing a firearm is irrelevant."

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"...but there exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level and reduces men to prefer equality in slavery to inequality with freedom." - De Tocqueville

*blink blink*

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Darksiege
Traveller, Calé, Whisperer
Lead me not into temptation; for I know a shortcut

I can see how this could be taken the wrong way at first. You walk into a police department with a gun in a bag...then you just plunk it on the desk of the chief? That shows some real lack of foresight. I suppose what he should have done was call the police(not 911) and had them remove it from where he found it. But any jail time is **** ridiculous.

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Los Angeles Kings 2014 Stanley Cup Champions

"I love this **** team right here."
-Jonathan Quick

Intent to commit a crime is a huge part of common law here and there.

This is a serious WTF moment, IMO.

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“The duty of a patriot is to protect his country from its government.” - Thomas Paine

I wonder what the thinking ability is over there if a jury took only twenty minutes to deliberate and returned with a guilty verdict.

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"...but there exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level and reduces men to prefer equality in slavery to inequality with freedom." - De Tocqueville

I wonder if it was more a loophole thing. As a juror, if someone is presented to you as having broken the word of a law, but not the spirit of the law, I can see some debate there. It's either convict the guy or ignore the law as it is on the books. In this case it's definitely against the spirit of the law, and I couldn't bring myself to take actions that lead to jail time, but a lawyer could make a pretty convincing argument for a conviction if the letter of the law was clearly broken.

I don't know. It's the only thing I can come up with for how fast that verdict was reached. Devil's advocate at work.

As I understand it, instructed verdicts are more common over there. If the closing argument was his defense is not a valid defense, they did what they were told to do.

He may have handled it better, but it sounds like he did the right thing and is getting punished for it.

I'm curious about what we are not being told.

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The U. S. Constitution doesn't guarantee happiness, only the pursuit of it. You have to catch up with it yourself. B. Franklin

"A mind needs books like a sword needs a whetstone." -- Tyrion Lannister, A Game of Thrones

Jury Nullification started in England.

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"...but there exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level and reduces men to prefer equality in slavery to inequality with freedom." - De Tocqueville

Oh and no tables, chairs, potted plants, or welcome mats if you live in public housing.

http://www.dailymail.co.uk/news/article ... z0WkCczIN1

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"...but there exists also in the human heart a depraved taste for equality, which impels the weak to attempt to lower the powerful to their own level and reduces men to prefer equality in slavery to inequality with freedom." - De Tocqueville

I'm tired. I saw the thread title and was not thinking guns. I was thinking disembodied limbs.

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"Therefore do not worry about tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own." Jesus of Nazareth

FWIW intent doesn't matter in strict liability crimes, which apparantly this was. The first examples that come to mind in the States are statutory rape laws.

I'm with Elmo on this one. This is a perfect example of where jury nullification would have been appropriate.