There is a lot of talk about the POTUS and what he has done in his past. Some people think he should be removed from office, other people think he should be impeached, and still others think that these matters are not legal matters. Despite your personal views on the President, you should know a little more about what constitutes a true crime for political and judicial figures, and why so many supposed crimes are never pursued. Having and education on these matters helps put things in focus for you regarding actions of judges, actions of rulers, and actions of other political figures.
True Crime vs. Mala Prohibita
There are offensive crimes which hurt and injure others, and then there are offenses known as mala prohibita. The latter are statutes which are commonly broken every day, such as jaywalking or parking your car on the wrong side of the street. Mala prohibita only refers to that which is punishable in a specific city or jurisdiction, and it is not considered a universally wrong offense. Hence, any prohibited activity done by a political or judicial figure is not a crime worth pursuing unless it deeply affects his or her standing and position.
To clarify, let's look at a judge of the Supreme Court. He regularly smokes marijuana. This would be a federal crime, and one that could rob him of his position and standing. However, it is not a prohibitive act within the confines of certain states, and within Washington, D.C. itself. On the other hand, if he is found to be selling the marijuana he is smoking, that is a felony for which charges may be brought against him. It is the difference between a true crime, and a mala prohibita with an overlay of a felony.
Past Acts of Immorality vs. Conspiracy
Currently, the POTUS is exposed for having multiple affairs with "ladies of the night." If he were in office and hiring prostitutes regularly, that may be a punishable crime. However, it happened in the past and can no longer be prosecuted because the statute of limitations is up. Additionally, past acts of immorality do not eject a president from office. They only reveal things that were true and may or may not be true and ongoing at this time.
That is vastly different from conspiracy, which is a punishable crime because there is intent to achieve a specific purpose. Conspiring with foreign powers or with superiors because the judges above you are your friends are all mala in se crimes. This means that they definitely fall under the jurisdiction of criminal law, and judges and politicians who are charged with conspiracy, among other crimes, will need a criminal lawyer to defend them.
Punishable, Not Punishable, Impeachable, and Not Impeachable
Now that you understand why crimes are not all the same, you can understand why officials in power seem so bulletproof. Whatever dirt someone digs up on a judge, a lawyer, or a politician has to be something under the law that clearly affects the nature and representation of the positions of these people.
A lawyer repeatedly caught in lies in court and evidence that shows he/she continuously lied to further his/her career, a politician that conspired with lobbyists to pollute the environment and buy out votes for another term in office, and a president that issues a kill order for specific groups of people are all examples of real and punishable crimes, as well as the perfect examples for impeachment from office. Politicians that make political lies, lawyers that protect their clients by obscuring information that could only harm and not help a case, and judges who are immoral but not corrupt are not punishable offenses, except in jurisdictions where a slap on the wrist may be required.
For more information, talk to a criminal attorney at firms like All Legal Solutions.
Share3 May 2018
