Constitutional arrest???

[JMM05]

I live in a small county in North Carolina where I go to private college. I am in a Sorority, and a few of the Greek organizations on campus over the past 50 years have painted "The Rocks" which are these huge boulders on the side of a small road near the interstate. These rocks have been painted for years and years, and only get re-painted every few years by the new pledge classes that come in when the rocks look a little chipped. There has been no real problem so far, but this year the small town police have been talking to us, and they claim, and I quote.... that if "the rocks get painted or anyone is caught painting them, the President of your Sorority or Fraternity will be arrested". They cant REALLY arrest someone that didnt commit the crime can they? I understand that if a CHILD did something the parent might be held accountable, but we are all adults here and our president might not have any idea about the painting taking place, how is that constitutional??? I asked this question and I KNOW this is totally unconstitutional, but they said that the town passed a Charter... but it doesnt matter what the town says if the constitution negates it, the constitution wins, right?? I was taught in my criminology class that NOTHING presides over the constitution! Please help!!!!

 

[I AM ALWAYS LIABLE]

My response:

And where did you get your law degree?

Listen up, little Missy. You're absolutely wrong. Have you ever heard of "Aiding and abetting" a criminal act?

Well, that's what the president of your sorority is doing, right along with the rest of you.

So, if "the Rocks" get painted again, the police have every right to make an arrest.

Just how do you think Charles Manson was convicted? He wasn't at the crime scenes, and committed no actual killing. However, he "aided and abetted" the murders, and under the law, was just as culpable and guilty as those who carried out the stabbings.

Get real young lady.

IAAL

 

[JMM05]

re:

First of all- I was asking for advice, not your attitude and snide remarks "little missy". If you plan to reply on an "ADVICE FORUM", how about replying with ADVICE, instead of using this board as your personal punching bag when life doesn't go your way. Second- your example of Charles Manson and his clan shows how ignorant you must be- to compare a scheme like that to this situation is just plain overkill. Have issues with Greeks? Take it somewhere else.

I gather from IAALs childish "I am more mature than you" air, that they ALSO do not have a law degree. SO-
If anyone can answer my question with real advice, and a knowledge of the law, please help.

Remember, the President didn't or will not force anyone to do anything, like IAALs example of a psychopathic clan. I ask this question because painting them is against our rules also, but it gets done every so often by pledges who think they have to prove something. They do not plan it, they arent asked, and they definitley don't tell anyone they were the ones who did it- The president would be just as uninformed as anyone else in the community really, so how can they be arrested like that?

 

[I AM ALWAYS LIABLE]

My response:

Okay, have it your way. We'll see who's correct when the police come knocking.

IAAL

 

[sdstrooper]

"They cant REALLY arrest someone that didnt commit the crime can they?" IF the president of your fraternity told the pledges to paint it, he's conspiring with them to commit vandalism. He could be arrested under Criminal Conspiracy charges, but most likely, the pledges doing the painting are the ones that go to jail.

 

[JMM05]

Lets hope so!

Thank you! I know if someone was told to do something like that they would be liable- but the president would have been just someone the police would associate with the pledges or the people caught painting the rocks- it would be just the same as someone being arrested- say, like IAALs stupid example- if police would have caught a few people murdering a family and said
"hey those guys hang out with so and so, lets go arrest them too"
or "Those guys play softball, we're going to arrest the coach"

Its as stupid as that, right?