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From: ndiamond@watdaisy.UUCP (Norman Diamond)
Newsgroups: net.jokes.d,net.legal
Subject: Re: comparative European legal systems
Message-ID: <7107@watdaisy.UUCP>
Date: Thu, 21-Mar-85 14:18:44 EST
Article-I.D.: watdaisy.7107
Posted: Thu Mar 21 14:18:44 1985
Date-Received: Fri, 22-Mar-85 01:52:43 EST
References: <628@oddjob.UChicago.UUCP> <126@mit-athena.UUCP>
Organization: U of Waterloo, Ontario
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Xref: watmath net.jokes.d:1002 net.legal:1505

> How about the State of Mississippi, which has a special 10% sales
> tax on all items that are illegal to sell in the state!?  There was
> even a Supreme Court test of the tax's legality a few years back,
> reported gleefully by much of the media.  It seemed someone tried
> getting out of paying the tax (on some illegal drug sales) by
> arguing "double jeopardy"--if they paid the tax, it would constitute
> prima facie evidence of the commission of a crime.  The courts 
> held that, since the state couldn't prosecuted them if they paid
> the tax, this defense wasn't valid, and they had to pay.
> 
> Of course, this wouldn't prevent the feds from prosecuting them, 
> using the state tax records as evidence.  
> -- John Chambers

The taxpayers can send cash by registered mail.  They might even manage
to buy a money order anonymously.  If the state files charges, the guys
have evidence that they paid.  The state can't require them to identify
themselves at time of payment, because that would be testifying against
themselves.

-- 

   Norman Diamond

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