Decoding the basics of the US legal system
An expert helps us unpack the terminology of the American legal system, in light of the Sean 'Diddy' Combs case.
FILE: Sean 'Diddy' Combs arrives for the 2018 Met Gala on 7 May 2018, at the Metropolitan Museum of Art in New York. Picture: Angela WEISS/AFP
Mike Wills (in for CapeTalk's John Maytham) speaks to Professor Penelope Andrews – a South African-born legal scholar with expertise in both US and South African law, and former Dean of the University of Cape Town’s Faculty of Law.
Listen below:
Andrews explains that the Sean 'Diddy' Combs case was prosecuted under the Racketeer Influenced and Corrupt Organizations (RICO) Act, which is a United States federal law that provides for extended criminal penalties.
In this instance, because state lines were crossed, the crime was elevated to a federal case.
Wills asks exactly what racketeering is, as we are unfamiliar with that terminology in South Africa.
"It's described in the Act as a pattern of racketeering activity - and it specifically defines that as kidnapping, extortion, money laundering, bribery, fraud, embezzlement... even terrorism."
- Prof. Penelope Andrews, Legal Expert
Andrews also clarifies the prevalence of jury trials in the US, as well as the various roles of the district attorney, state attorney and attorney general.
On the possibility of President Donald Trump pardoning Combs, Andrews says it's hard to tell...
"It's very unclear what he does, you can't predict... he's unpredictable."
- Prof. Penelope Andrews, Legal Expert
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Scroll up to the audio player to listen to the discussion.