Tacit Conspiracy/Official Misconduct

From: Wikipedia
Tacit

Tacit knowledge has been described as “know-how” - as opposed to “know-what” (facts), “know-why” (science), or “know-who” (networking). It involves learning and skill but not in a way that can be written down. The process of transforming tacit knowledge into explicit or specifiable knowledge is known as codification, articulation, or specification. The tacit aspects of knowledge are those that cannot be codified, but can only be transmitted via training or gained through personal experience.

Conspiracy

Conspiracy has been defined in the US as an agreement of two or more people to commit a crime, or to accomplish a legal end through illegal actions.^[6][7] For example, planning to rob a bank (an illegal act) to raise money for charity (a legal end) remains a criminal conspiracy because the parties agreed to use illegal means to accomplish the end goal. A conspiracy does not need to have been planned in secret to meet the definition of the crime. One legal dictionary, law.com, provides this useful example on the application of conspiracy law to an everyday sales transaction tainted by corruption. It shows how the law can handle both the criminal and the civil need for justice.

[A] scheme by a group of salesmen to sell used automobiles as new, could be prosecuted as a crime of fraud and conspiracy, and also allow a purchaser of an auto to sue for damages [in civil court] for the fraud and conspiracy.

Conspiracy law usually does not require proof of specific intent by the defendants to injure any specific person to establish an illegal agreement. Instead, usually the law only requires the conspirators have agreed to engage in a certain illegal act. This is sometimes described as a "general intent" to violate the law.


A tacit conspiracy is defined as an unspoken "agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of [the parties] actors/actions".

Conspiracy against rights

The U.S. has a specific statute dealing with conspiracies to deprive a citizen of rights justified by the Constitution.

Official Misconduct

Conspiracy Against Rights, 18 U.S.C. § 241. Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime. The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Deprivation of Rights Under Color of Law, 18 U.S.C. § 242. This provision makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

Source: The United States Department of Justice

Bullying

From Wikipedia, the free encyclopedia

Bullying is abusive treatment, the use of force or coercion to affect others,^[2] particularly when habitual and involving an imbalance of power. It may involve verbal harassment, physical assault or coercion and may be directed persistently towards particular victims, perhaps on grounds of race, religion, gender, sexuality, or ability.^[3][4] The "imbalance of power" may be social power and/or physical power. The victim of bullying is sometimes referred to as a "target."
Bullying consists of three basic types of abuse – emotional, verbal, and physical. It typically involves subtle methods of coercion such as intimidation. Bullying can be defined in many different ways. The UK currently has no legal definition of bullying,^[5] while some U.S. states have laws against it.^[6]
Bullying ranges from simple one-on-one bullying to more complex bullying in which the bully may have one or more 'lieutenants' who may seem to be willing to assist the primary bully in his bullying activities. Bullying in school and the workplace is also referred to as peer abuse.^[7] Robert W. Fuller has analyzed bullying in the context of rankism.
Rankism can take many forms, including

• exploiting one's position within a hierarchy to secure unwarranted advantages and benefits (e.g. massive corporate bonuses);
• abusing a position of power (e.g., abusive parent or priest, corrupt CEO, bully boss, prisoner abuse);
• using rank as a shield to get away with insulting or humiliating others with impunity;
• using rank to maintain a position of power long after it can be justified;
• exporting the rank achieved in one sphere of activity to claim superior value as a person;
• exploiting rank that is illegitimately acquired or held (as in situations resting on specious distinctions of social rank, such as racism, sexism, or classism.

Rankism can occur in any social hierarchy, such as governments, corporations, families, non-profit organizations, and universities;.Bullying can occur in any context in which human beings interact with each other. This includes school, church, family, the workplace, home and neighborhoods. It is even a common push factor in migration. Bullying can exist between social groups, social classes and even between countries (see jingoism). In fact on an international scale, perceived or real imbalances of power between nations, in both economic systems and in treaty systems, are often cited as some of the primary causes of both World War I and World War II.^[8][9]