Charging The Crime Of Penury In Equity

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Charging the Crime of Penury in Equity By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2009 by Anthony J. Fejfar In Medieval Society the Inquisition was used to prosecute evil behaviour. In Modern Society, Psychiatry has replaced the Inquisition to accomplish “social control.” As a middle ground, and a lesser evil I am arguing that the Crime of Penury can be charged in Equity. Penury is defined as a Crime in Equity, where there is No Adequate Remedy at Law, which is a serious violation of Natural Law which is Intrinsically Evil. Additionally, there must still be Mens Rea (specific intent) and Actus Reas (overt action). There is a Bench Trial where the Defendant can plead Equitable Defenses, and the jail term is only 30 days in jail. I argue that this meets the requirements of Substantive and Procedural Due Process.

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