Does a fisher who is charged with criminal contempt have the burden of proving that he falls within the scope of an injunction against him?
MultiRegion, United States of America
The following excerpt is from U.S. v. Baker, 641 F.2d 1311 (9th Cir. 1981):
(emphasis added; citations omitted) United States v. Henry, 615 F.2d 1223, 1235 (9th Cir. 1980). In United States v. Olander, 584 F.2d at 881, this court held specifically that a fisher charged with criminal contempt had the burden of proving he fell within the proviso in the injunction which excepted persons exercising treaty fishing rights.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a defendant be charged with a criminal charge if he and his codefendants were arrested in the same criminal investigation? (MultiRegion, United States of America)
What is the test for proving discriminatory effect when a plaintiff is charged with criminal contempt? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the burden of proving that a delay in bringing a criminal charge of sexual assault caused actual prejudice? (MultiRegion, United States of America)
Can restitution be ordered only for the criminal conviction for the same criminal offence for which the criminal charges were dismissed? (MultiRegion, United States of America)
Is there any case law that supports the argument that a defendant was punished for successfully severing the unrelated criminal charges from two separate criminal charges? (MultiRegion, United States of America)
What is the burden of proving vindictiveness against a federal prosecutor who increases the severity of criminal charges following a procedural right? (MultiRegion, United States of America)
What is the burden of proving constructive amendment to a criminal charge? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the burden of proving that an assistant principal falls within the protection of the rule of common law? ("New York", United States of America)
