和合
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加入时间: 2004/02/14
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作者：和合 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
Q. What does the charge inciting a riot mean and what will happen?
-- Anonymous
A. Under federal law, a riot is a public disturbance involving an act
of violence by one or more persons who are assembled in a group of
at least three people. The act of violence must be one that presents a
clear and present danger of injury to another person or damage to
another person\\\'s property. Threatening to commit a violent act in
such a group situation that could injure another person or damage
property is also considered a riot if one of the persons in the group
has the ability at the time to carry out the threatened violence.
Inciting a riot applies to a person who organizes, encourages, or
participates in a riot. It can apply to one who urges or instigates
others to riot. It does not apply to someone who merely advocates
ideas or expresses beliefs, if those ideas and beliefs do not involve
advocating violence.
The federal crime of inciting a riot carries a possible penalty of up to
five years in prison a fine.
State and local governments also have laws that make it a crime to
incite a riot. The penalties range from fines only to jail time. It is
important that the law, even if only a municipal ordinance, specify the
conduct that that is prohibited with sufficient definiteness that
ordinary people can understand what conduct is prohibited.
If you have been charged with inciting a riot, I recommend you seek
out a criminal defense lawyer in your area who can tell you exactly
what conduct the law prohibits in your jurisdiction, and advise you as
whether the law is subject to a challenge on the grounds that it is
unconstitutionally vague--either because it fails to sufficiently set forth
what conduct is prohibited, or fails to set minimal guidelines for
police to use in enforcing the law.
-- Jeralyn Merritt
作者：和合 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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美国联邦法律：煽动骚乱罪最高可判五年徒刑
