CRIMINAL LAW
Sara Jane Olsen
Young actress is led into involvement in the SLA by a friend (1971)
→ 1974 her friend is killed in a police shoot out (during protest)
→ She gets more involved
- helps with affairs, B, publicity
→ helps man purchase bomb materials
→ 2 attempted bombing of police cars
→ Her apartment has the traces of those bombs as well as weapons
1976: Indicted but she has fled to UN 1999: they find her and trial
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3-7 years
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She was young + motivated by emotions
- duty to her friends, not criminal motives. Statute of Limitations. Lack of knowledge of where bombs were going/doing.
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She evaded justice → purposeful and proves she understood her position. Active in org. → knew what they were doing.
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Cal. Penal Code Sect. 182-Punishment of Conspiracy - (1) + (5)
Sect. 189- Murder by Explosive Device
15 first degree (25 years-life, death)
Sect. 12303.2 → Ross. of Dest. Dev. (10+5 years)
- → attempted explosion (10+ years)
→ SLA is a violent group (murder, etc.)
→ She arranged a memorial and made comments against police
→ her finger prints on weapon
Possession of Destructive D.
Defense
→ what did she have? When did she do it?
Conduct: possession of destructive materials/davice
(knowledge/intent)
WLP: reckless, malicious
Prosecution
Conduct: just fingerprints ≠ pass.
WLP: might not know
Ampliquity
Possession Definition: under her
Control or strong connection (law)
→ No statute of common law so
Policy (Strict Const. or fair Import)
Retribution → bameworthiness
→ She held it → she attempted
or
She may not have passed
the button