Some question about law
By soulesschild
@soulesschild (35)
Vietnam
December 17, 2011 11:37pm CST
Please help me, this is some exercise of the subject Introduction to law I'm studying at the college
1. When Gilly was visiting a friend in prison, he was caught attempting to pass the friend a wig and a jacket. Gilly also had a pair of nail scissor in his pocket. He was charged under a section of the Prison Dentention Act that states "a person must not taken into a prison any knife, dagger, firearm, club or other thing whatsoever
Explain if he is likely to be found guilty.
2. Education Act states an offence to bring heroin, cannabis, cocaine or any other drug onto a campus with the purpose to prevent reports of drug trafficking on campus.
a- Winnie is caught as she is licking white aspirin powder. According to dictionary, aspirin is a drug.
b- Doc is caught with one ecstasy tablet which he says must have stuck in his pocket.
c- Cisco is caught with his methadone dose legally prescribed for him
Thanks a lot
1 person likes this
1 response
@bloggeroo (2167)
• Philippines
19 Jan 12
In the first case, Gilly will be found guilty because he violated a law prohibiting certain acts. A violation which is mala prohibitum (i.e., prohibited act) will not consider the person's intent so mere possession is enough to get a conviction.
As for the second case, the Education Act is most probably a law prohibiting certain acts. So again, the same legal principle applies as before. Mere possession regardless of intent is enough to get a conviction.
Of course, if you are in a country that follows Common Law principles, there may be a way around the conviction so application of legal principles may differ a little. Anyway, I'm not so familiar with Common Law, but the legal reasoning I used is what I learned from law school.
