Wednesday, February 03, 2010

United States v Jewell- (United States 9th Circuit Court of Appeals, 1976)

Han Solo was captured by the Imperial Star Destroyer Devastator in a smuggling run from Tatooine to Alderan. After breaching the vessel, the Stormtroopers stumbled upon Jedi that had been concealed in a secret compartment aboard the Millennium Falcon. Imperial Law prohibits smuggling- “A person who knowingly engages in the interplanetary transportation of Jedi is guilty of interplanetary smuggling.”

Before the Imperial District Court, Han testified that although he knew of the secret compartment, and was aware of the possibility that the Jedi had been hidden there (while Han was conveniently drinking Flameouts in a cantina nearby); he had deliberately avoided looking in the compartments after takeoff so that he could avoid responsibility if he was caught. Therefore, he stated, his actions did not meet the “knowingly” requirement of the smuggling statute.

The District Court ruled that even though Han did not have ‘positive knowledge” of the incident, deliberate ignorance should be held equally culpable, and convicted Han under the statute.

The Imperial Appellate Court affirmed the conviction, determining that the District Court need only prove “beyond a reasonable doubt, that [Han’s ignorance of the presence of the Jedi] was solely and entirely a result of a conscious purpose to avoid learning the truth.”

The Jedi however, were allowed to leave the Imperial vessel unharmed. It turns out they weren’t the Jedi the stormtroopers were looking for.

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