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Crimes are predicate to a larger crime if they have a similar purpose to the larger crime. For example, using false identification is itself a crime; it may be a predicate offense to larceny or fraud if it is used to withdraw money from a bank account. Predicate crimes can be charged separately or together with the larger crime. [4]
The illegal acts forming a pattern are called "predicate" offenses. [14] Predicate acts are related if they "have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics and are not isolated events."
In Canada, the common law crimes of champerty and maintenance were abolished, alongside all remaining common law offences except contempt of court, by the 1953 consolidation of the Criminal Code. However, champerty and maintenance remain torts in some Canadian jurisdictions.
The Voluntary Act Requirement (VAR) is a predicate that prevents those convicted from being punished for involuntary conduct that may be linked to crime. [12] Accordingly, justifying a conviction requires an action to be (a) willingly taken, (b) necessary for a crime's occurrence, and (c) able to be attributed beyond doubt to voluntary efforts ...
An area of interest to legal scholars concerned the effect of the Comprehensive Crime Control Act of 1984 which, among other things, added "dealing in obscene matters" as a predicate offense for purposes of the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO).
For example, between 1985 and 1991, over 75 public officials were convicted of corruption offenses in the Southern District of West Virginia alone. [25] By comparison, the only appellate court decision citing West Virginia's Bribery and Corrupt Practices Act, in 1991, was a federal court decision involving the state statute as a federal RICO ...
The ACCA has been through numerous revisions in Congress and has evolved considerably since its passage in 1984. [4]The ACCA was originally included with the Comprehensive Crime Control Act of 1984 sponsored by the Reagan Administration [5] and enhanced the penalties for possession of firearms under the Gun Control Act for felons who had been convicted three times of robbery or burglary.
In particular, in the American legal system, tax evasion is a criminal action disciplined by 26 US Code §7201, [12] under which the taxpayer who fails to pay or willfully underpays his tax liability (i.e., with criminal mens rea like stated in the James v.
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