law – CARACCIO.US

Article III. Section 3. Corruption of Blood

July 7, 2023July 7, 2023 by Joseph

The Constitutional Convention as the Treason Clause of Article III Section 3 was being debated.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. Article III, Section 3 of the U.S. Constitution Treason is a unique offense in the U.S. Constitution and it is the only crime expressly defined by the Constitution, and applied only to Americans who have betrayed the allegiance they are presumed to owe the United States. While the Constitution’s Framers shared the centuries-old view that all citizens owed a duty of loyalty to their country that was not their motivation for including the Treason Clause. Instead, it was included as a safeguard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition. Debate surrounding the Treason Clause at the Constitutional Convention was actually focused on ways to narrowly define the offense, and to protect against false prosecutions. The Constitution specifically identifies what constitutes treason against the US. It limits the offense of treason to only two forms of conduct: (1) “levying war” against the United States; or (2) “adhering to [the] enemies [of the United States], giving them aid and comfort.” There have not been many treason prosecutions in American history—only one person has been indicted for treason since 1954—the Supreme Court has had occasion to further define what each type of treason entails. The Constitutional Convention The Constitutional Convention debating the Treason Clause of Article III Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. The offense of “levying war” against the United States was interpreted narrowly in Ex Parte Bollman & Swarthout (1807), a case stemming from the infamous alleged plot led by former Vice President Aaron Burr to overthrow the American government in New Orleans. The Supreme Court dismissed charges of treason that had been brought against two of Burr’s associates—Bollman and Swarthout—on the grounds that their alleged conduct did not constitute levying war against the United States within the meaning of the Treason Clause. It was not enough, Chief Justice John Marshall’s opinion emphasized, merely to conspire “to subvert by force the government of our country” by recruiting troops, procuring maps, and drawing up plans. Conspiring to levy war was distinct from actually levying war. Rather, a person could be convicted of treason for levying war only if there was an “actual assemblage of men for the purpose of executing a treasonable design.” You’re not levying war against the U.S. until you actually fire the first shot or commit some act of war. Not even extensive planning that would normally satisfy any attempt statute in criminal law be enough. The Court explained the remaining treason offenses narrow application: “A citizen intellectually or emotionally may favor the enemy and harbor sympathies or convictions disloyal to this country’s policy or interest, but, so long as he commits no act of aid and comfort to the enemy, there is no treason. On the other hand, a citizen may take actions which do aid and comfort the enemy—making a speech critical of the government or opposing its measures, profiteering, striking in defense plants or essential work, and the hundred other things which impair our cohesion and diminish our strength—but if there is no adherence to the enemy in this, if there is no intent to betray, there is no treason.” See Cramer v. United States (1945). In other words, the Constitution requires both concrete action and an intent to betray the nation before a citizen can be convicted of treason; expressing traitorous thoughts or intentions alone does not suffice. Likewise, actions that do aid and comfort the enemy but were not taken for the purpose of or intention to do so cannot be considered treason either. Only an action taken with the intent of aiding the enemy that actually does serve to aid the enemy. The Constitution also narrowed the scope of punishment for treason as compared to English common law. The final clause of this Section establishes that, while Congress has the general power to establish the penalties for committing treason, Congress may not “work corruption of blood, or forfeiture except during the life of the person” convicted of treason. “Corruption of blood” is a reference to English common law, which prohibited family members from—among other things—receiving or inheriting property from a person convicted of treason. Under the Constitution, that punishment may not extend beyond the life of the person convicted of treason. The U.S. does not punish a man for the crimes of his father. The country has that doctrine deeply enshrined in its law from its very inception.

New York Penal Law Sec. 255.17

April 14, 2023March 31, 2023 by Joseph

NYPL §255.17 Adultery NYPL § 240.35 Loitering NYPL §235 Obscenity NYPL §255.17 Adultery New York Penal Law Sec. 255.17 Adultery § 255.17 Adultery. A person is guilty of adultery when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse. Adultery is a class B misdemeanor. Examples of ridiculous scenarios which would be criminal offenses under this statute. If a man has sex with a person who is married. If a married man has sex with any person other than his spouse. If a man who is separated from his spouse for many years has sex with someone. NYPL § 240.35 Loitering NYPL § 240.35 Loitering In NY loitering is not what most people think it is. In the State of New York a person isn’t violating the law when they loiter unless they are on school grounds, a college university, or a bus depot (we’ll get back to the bus depots to discuss the exceptions there). So standing around on a street corner or outside of a store is not actually criminal loitering. If you are standing around and then one of your friends pulls out a pair of dice or a domino though, then you’re a criminal. If you are only standing there in matching white shirts that are four sizes too large with your jeans belted just above your knees exposing the entirety of your bright red underwear, that’s totally fine. However, the second one of your more criminally minded friends brings up the idea of involving some playing cards or poker chips then you better get the fuck out of there! This leads us to something that has been a topic of much debate in recent years, masks. If you are standing around in public with a mask on and your friends are also wearing masks, then you are guilty of criminal loitering. What about the mask mandate in NYC? You explain to the cop, “I took my mask off so I wouldn’t be violating section 240.35 by criminally loitering with all these other mask wearers.” You let twelve know that you are the one showing respect to the blue and it is these latte-sipping paycheck collecting bitches that are showing a total disregard for the State of New York’s criminal loitering law! READ THE LAW BELOW: § 240.35 – Loitering A person is guilty of loitering when he: Loiters or remains in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia; or Being masked or in any manner disguised by unusual or unnatural attire or facial alteration, loiters, remains or congregates in a public place with other persons so masked or disguised, or knowingly permits or aids persons so masked or disguised to congregate in a public place; except that such conduct is not unlawful when it occurs in connection with a masquerade party or like entertainment if, when such entertainment is held in a city which has promulgated regulations in connection with such affairs, permission is first obtained from the police or other appropriate authorities; or Loiters or remains in or about school grounds, a college or university building or grounds or a children’s overnight camp; or Loiters or remains in any transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in business, trade or commercial transactions involving the sale of merchandise or services, or for the purpose of entertaining persons by singing, dancing or playing any musical instrument. NYPL §235 Obscenity NYPL §235.00 Obscenity § 235.00 Obscenity definitions of terms. The following definitions are applicable to sections 235.05, 235.10 and 235.15 “Obscene.” Any material or performance is “obscene” if: (a) the average person, applying contemporary community standards, would find that considered as a whole, its predominant appeal is to the prurient interest in sex, and (b) it depicts or describes in a patently offensive manner, actual or simulated: sexual intercourse, criminal sexual act, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals, and (c) considered as a whole, it lacks serious literary, artistic, political, and scientific value. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience. 2. “Material” means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner. 3. “Performance” means any play, motion picture, dance or other exhibition performed before an audience. § 235.05 Obscenity in the third degree. A person is guilty of obscenity in the third degree when, knowing its content and character, he 1. Promotes, or possesses with intent to promote, any obscene material; or 2. Produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or which contributes to its obscenity. Obscenity in the third degree is a class A misdemeanor. Ridiculous ways that a person may be criminally convicted under this statute If a person were to make a video or photographs themself masturbating. If a person were to make a video or photographs someone else masturbating with their consent if a person makes a video or photographs themself having any sort of sexual interaction with another person with that person’s permission YOU are the one showing respect to the blue and it is these latte-sipping paycheck collecting bitches that are showing a total disregard for the State of New York’s criminal loitering law! John Doe- Developer

NYC Salary Transparency in Job Advertisements Law (effective November 1, 2022)

November 2, 2022November 2, 2022 by Joseph

Effective November 1, 2022

The NYC Human Rights Law requires employers to include a good faith pay range in all job advertisements. NYC’s Salary Transparency Law is another step towards pay equity for all New Yorkers, and is the latest addition to a suite of protections against discrimination for New Yorkers seeking employment.

Any advertisement for a job, promotion, or transfer opportunity that would be performed in New York City is covered by the new law. An “advertisement” is a written description of an available job, promotion, or transfer opportunity that is publicized to a pool of potential applicants, including, but not limited to, postings on internal bulletin boards, internet advertisements, printed flyers distributed at job fairs, and newspaper advertisements.

Interestingly, many economists and others have been vocal about how this law may actually cause salaries to be compressed. Will new NYC Salary Transparency Law result in pay compression?

Effective November 1, 2022

OTHER PROTECTIONS UNDER NYC LAW