re: Bama's Cam Robinson, Hootie Jones Arrested on Felony stolen handgun and drugs

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Unless there is more to this story than what is being reported, my very educated guess is he bought/was given the gun from somebody and had no idea it was stolen (which is not a defense for the charge, but would 100% be taken into account in deciding how to apply the charge).

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I've seen several posters (mostly LSU) make this claim in this thread, but unless the Louisiana legislature hasn't updated their website with some recent law change, the Louisiana Revised Statues specifically state that It shall be an affirmative defense to a prosecution for a violation of this Section that the offender had no knowledge that the firearm was the subject of any form of misappropriation.

I'd really like to see a cite that lead people to say not knowing the gun was stolen isn't a defense.

True.

That said.... the illegal gun and the illegal drug are bad enough. Together it's pretty serious in Louisiana.

Cam may end up in jail. Thugs :cast:

This is perhaps hard for a non-attorney to understand but the affirmative defense language means that the defendant has to carry the burden of proof of lack of knowledge, which is significant in a criminal case. Normally the DA has to prove beyond a reasonable doubt. But here he just has to show the gun was reported stolen and the Defendant has to convince a judge or jury that they had no reason to believe the gun was stolen. It is not as easy as saying "I didn't know" and, worse, you are going to be dealing with people who are going to have some doubts in their minds about the credibility of the witness because of the related charges.

These charges could be reduced in a plea deal, but could also be increased because of the way the statutes apply. My best guess of the outcome is a plea deal where there is a probation period without jail time, but all bets are off if the feds get involved because of the gun.

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Affirmative defense means the defense has to prove Robinson didn't know the gun was stolen, if he's charged with the felony.

It means if you use "I didn't know" as a defense, you better have actual evidence to prove it. I.E. a paper trail or something of the like.

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Absolutely. The burden in this case is on the defendant.

My question was that several posters have stated not knowing (with an ability to provide reasonable proof) had been removed as an affirmative defense and I can't find any evidence of that happening.

I doubt it matters because I doubt CRob will be able to produce reasonable proof....

Saban:

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BIRMINGHAM -- One day after two players were arrested in Louisiana, Alabama head coach Nick Saban spoke to reporters at the Regions Tradition Pro-Am. And the first two questions he fielded were about the arrests.

Starting left tackle Cam Robinson and reserve safety Laurence Jones were arrested early Tuesday morning on charges of illegal possession of marijuana and illegal possession of firearm in Monroe, La., while Robinson, alone, was charged with possession of a stolen firearm. Since that event occurred, Saban has spoken to the duo but provided no update.

“I’ve talked to them, and there’s nothing really different on them,” Saban said before his 8:50 a.m. CT tee time at Greystone Golf and Country Club. “We’re still gathering information about the circumstance and the situation. We’ll figure out whether there’s something internally we need to do that’s appropriate relative to what the situation is.”

As a head football coach, Saban has had to deal with discipline in several forms. But has the Crimson Tide head coach, who is entering his 10th season in Tuscaloosa, and his theory on disciplined evolved over time?

“Look, I’m not gonna talk about that right now,” Saban said. “... We do it internally, it’s not something that we do publically and we’re not gonna do it today. If we can change their behavior based on what we do, that would be the purpose of discipline. Discipline is not necessarily just punishment, which a lot people view it that way.

“It’s how do you change somebody’s behavior so they have a better chance to be successful. That’s the way we’ve always one, that’s the way we try to do it, that’s the way I’d like to do it with my own children. I think that’s the way most parents would like to do it with their children.”

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I'm sure this will rile up the L5U fans even more.

Well since he brought it up with how he did it with his children........

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“It’s how do you change somebody’s behavior so they have a better chance to be successful. That’s the way we’ve always one, that’s the way we try to do it

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That's the way we've always won, maybe?

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that’s the way I’d like to do it with my own children.

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Bahaha, Nick Jr. was a total frick up growing up and his daughter is a psychopath

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That's the way we've always won, maybe?

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that's the way we've always done is my guess. left off the 'd'.

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Bahaha, Nick Jr. was a total frick up growing up and his daughter is a psychopath

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Okay?

Cam Robinson and Hootie Jones perfectly represent the University of Alabama. Bammers aren't you so happy this happened?