Criminal Law in the News
Trespass is the venturing to the lands of some other without permission. (Bloom, 2008). at that place are two types of trespass: miserable and civil trespass. In the article Protester found guilty on arouse, bloody shame rider was found guilty of a criminal misdemeanor offence. The statute for trespass prevents anyone from trespassing upon the premises of another after having been forbidden to do so. (Bloom, 2008). In this paper, the particular rectitude that will be discussed is the trespassing law.
Mary Rider was protesting the exercise of Samuel Flippen on August 2006. Samuel Flippen was convicted of killing his 2 year old stepdaughter. On the night of the execution, Mary left the chosen res publica where protests are to occur on the night of execution. Mary Rider was arrested for trespassing and found guilty. She was sentenced to unsupervised probationary sentence and enjoin to pay $354.50 in fines and court costs. (News & Observer, 2008). Mary disputed the charges and did not want to pay the fines because she believed that by protesting, she was practicing her first Amendment right to emancipation of expression and religion. The judge immediately ordered her to serve a 15 day sentence and was taken to the Wake verdant jail.
Mary was arrested because she broke the law by trespassing.
She was ordered to impediment in a designated area to protest and stepped out of the area. Mary was using the First Amendment rights to protest as a defense. She was there to exercise her rights to freedom of expression but still did not abide the rules. The law is valid because the protestors were aware that he or she was limited to stay at certain area to protest. The benefits of constraining the area could be a safety issue. By constraining the area, the management is able to have control the protestor in facial expression the crowd becomes unruly. The disadvantage is the protestor may have been placed in an area where they are not able be comprehend or seen.
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