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by senthil_rajasek
3831 days ago
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>"a defendant cannot knowingly acquire or possess that which he or she does not know exists" I read the above line several times carefully. Here is the meaning I made out of that sentence, one cannot claim that they knew exactly how they got a certain object and then say at a later time that they did not even know such an object exists. This is a different scenario than accepting responsibility for your personal belongings (say while flying) and then claiming that you don't know how it got there. In the former case there is evidence that you got that object. To summarize, my understanding of in flight carry on rules are you are aware of the things you are carrying and would be held responsible if you are later caught with a prohibited item. |
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But it can happen in the opposite order. I recall at least one professional athlete [0] getting caught with drugs in his bag at the airport, and having the charges dismissed because (supposedly) his friend had used his bag and left the drugs in it, without his knowledge. The claim "I didn't know that existed" (ie, drugs in the bag -- knowing drugs exist in general is not the same as knowing drugs exist within your bag) is compatible with the later claim "given that it does exist, I'm certain as to where it came from" (knowing someone else had used that bag during the prior week).
In the context of this thread, it's quite possible for (some of) the crew of a ship to be in the dark as to what cargo might be onboard, and therefore to not knowingly possess contraband or be involved in slave trading. "Ignorance of the law is no defense; ignorance of crime is one." [1] As kbenson rightly pointed out, it's not "aiding and abetting" if you don't know crime is happening; it's only "aiding and abetting" if you're trying to help someone commit a crime. As the link you yourself posted says, "It is necessary to show that the defendant has wilfully associated himself with the crime being committed" -- not merely that he helped someone who happened to have committed a crime, but that he intentionally, knowingly, chose to participate in crime.
[0] http://espn.go.com/nba/news/story?id=1906525
[1] http://www.nbcnews.com/id/40709114/ns/us_news-weird_news/t/i...