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Simple English definitions for legal terms
presumed crime
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A quick definition of presumed crime:
Presumed crime is when a court stretches the meaning of a law to make an action illegal, even if it wasn't explicitly stated in the law. For example, if a law says it's illegal to steal, but doesn't mention taking something without permission, a court might still consider taking something without permission a crime. This is also called constructive or implied crime.
A more thorough explanation:
Presumed crime is a type of crime that is created when a court expands a law by changing its language, often by drawing unreasonable implications and inferences from it. This is also known as constructive crime or implied crime.
An example of a presumed crime is when a court interprets a law against loitering to include standing on a street corner for too long, even if the person is not causing any harm. This expands the law beyond its original intent and creates a new crime.
Another example is when a court interprets a law against drug possession to include possession of drug paraphernalia, such as a pipe or syringe, even if there are no drugs present. This expands the law to include items that were not originally intended to be criminalized.
Presumed crimes can be controversial because they can lead to over-criminalization and punishment for behavior that was not originally intended to be criminal. It is important for courts to carefully consider the language and intent of laws before expanding their scope.