Quote:
Originally Posted by Snowman
You're reverting back again to whether or not a jury would find them guilty of a charge. Again, that's not my point. He did it. He admitted to doing it. The question I'm asking is whether or not a jury would agree that it's criminal behavior to begin with. Not whether or not he in fact did it.
You keep circling back to the significance of a plea deal. Why are you doing this? This has nothing to do with what I'm talking about. I keep pointing to this over and over and you keep responding with some other point that has nothing to do with what I'm talking about.
I have no problem with saying I'm wrong. I was absolutely wrong about the details of the case before. I was misinformed and took that misinformation for granted and repeated it. I was dead wrong. No problem admitting that. But those details still have nothing to do with what I've been talking about this entire time, which is wether or not a jury would agree that what Mastro did with the Wagner was in fact criminal behavior to begin with.
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The jury would have been instructed very precisely on the elements of the crime as charged. It would not have been up to them to decide if it could be a crime or not, only if as a factual matter the government had proved each element. In other words, that's not a judgment for the jury, they are told what the law is. Any argument that it couldn't be a crime would have been raised by Mastro in motion practice, presumably.