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For the REAL lawyers on the board

Discussion in 'Legal & Political Archive' started by Bend, Feb 13, 2009.

  1. Bend

    Bend Central OR Member

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    In light of the Maxwell/WOU incident, do police, judges or anyone else have immunity from offical misconduct charges?

    ORS 162.415 Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another:

    (a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or

    (b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.

    (2) Official misconduct in the first degree is a Class A misdemeanor.
     
  2. BUZO71

    BUZO71 Emerald Valley, Oregon New Member

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    from a non-lawyer- I would imagine the "knowingly" part would stop that from happening. I think you are referring to the officer being charged here, right? You would have to prove that she knew she was doing wrong....
     
  3. xm193

    xm193 seatac Active Member

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    A writ of mandamus or simply mandamus, which means "we command" in Latin, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".[
     
  4. Bend

    Bend Central OR Member

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    Thinking of just about everyone invloved that works for the state.

    The Oregon State Board of Higher Education on down in their system because the Oregon Legislative Counsel has repeatedly stated that the Oregon University System cannot regulate firearms as the sole authority to regulate firearms is vested in the Legislative Assembly.

    ETA: THIS!

    The city cops because they are required to be able to read. Therefore, they knew. ;)
     
  5. armedandsafe

    armedandsafe Moses Lake, WA Active Member

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    What is that old saying? Oh,yeah. "Ignorance of the law is no excuse."

    Pops
     
  6. Bend

    Bend Central OR Member

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    What does that have to do with the ORS and immunity?