RE: Port scanning/illegalities

["Craig Wright" <cwright () bdosyd com au>]

Hi

I do agree with most of what you have written. The jury applies to large civil acts and criminal only in most cases. I 
DO understand that there is a right of appeal in the US that will let you stay in court for years, but not all illegal 
acts are taken to court or go to a jury even in the US.

 

The example is a parking ticket (say a small $15 fine). You do have the right to go to court and plead a case. This is 
a summary pleading though. If the district judge goes against you on the ticket, you can appeal. Get high enough up the 
ladder and spend enough (as filing an appeal involves a filing fee – some over $1,000) and you can apply for a jury.

 

In reality – how many people will spend several thousand dollars to have a jury to not pay a summary fine – I do guess 
it is a right in the US, but when does it occur?

 

Craig

        -----Original Message----- 
        From: Ramsdell, Scott [mailto:sramsdell () stinsonmoheck com] 
        Sent: Thu 6/04/2006 1:56 PM 
        To: Ansgar -59cobalt- Wiechers; security-basics () securityfocus com 
        Cc: 
        Subject: RE: Port scanning/illegalities
        
        
        What has not yet been brought up in this thread is what really determines if an act is illegal or not.  In the 
states, it is fourteen strangers that will determine the legality of your actions.  One is a prosecutor who feels you 
did wrong, one is a judge who agrees to hear the case, the others are a jury of your peers.  I wonder, Ansgar, have you 
convinced your peers on this thread?


Liability limited by a scheme approved under Professional Standards Legislation in respect of matters arising within 
those States and Territories of Australia where such legislation exists.

DISCLAIMER
The information contained in this email and any attachments is confidential. If you are not the intended recipient, you 
must not use or disclose the information. If you have received this email in error, please inform us promptly by reply 
email or by telephoning +61 2 9286 5555. Please delete the email and destroy any printed copy.  

Any views expressed in this message are those of the individual sender. You may not rely on this message as advice 
unless it has been electronically signed by a Partner of BDO or it is subsequently confirmed by letter or fax signed by 
a Partner of BDO.

BDO accepts no liability for any damage caused by this email or its attachments due to viruses, interference, 
interception, corruption or unauthorised access.