Re:Uber faces criminal probe over software used to evade aut...
by hn_throwaway_99 on Thursday May 04, 2017 @11:46PM
(#14270981)
I'm not arguing that it applies in this case, I'm just responding to parent's statement that "To my understanding as a lay person, the law does not distinguish between a crime committed as civil disobedience and the same crime otherwise." I'm saying that many penalties take motive into consideration, and SC expressed concern about expanding motive in RICO cases in a way that could be applied to civil disobedience.
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Re:Uber faces criminal probe over software used to evade aut...
by gotothedoctor on Friday May 05, 2017 @12:30AM
(#14271112)
OK. I replied the parent comment to explain that issue above.
Regardless, SCOTUS did not, as you claim, "express concern about expanding motive in RICO cases".
On a very different court, RBG wrote a concurrence, explaining that she voted against Planned Parenthood because she was concerned with the precedent of charging Operation Rescue with extortion, under RICO. Motive is not the issue (nor was it relevant in that case)--RICO...& charging the defendants with extortion, as a basis for RICO prosecution is.