Johnny Depp’s recent trial comes to mind – he openly admitted to doing cocaine but as far as I’m aware no action was taken
In: 5
because they are rich and the law isn’t equal to everybody?
It is against the law to possess, supply, produce, or enable the production of drugs. It is also illegal to perform certain actions under the influence of drugs, such as driving, and use of drugs may become a factor in the sentencing of criminal behaviour. However, it is not illegal to take them.
This is not a UK/US issue. You could walk into any police station in the UK and confess to having taken drugs and they will tell you to go away.
Another thing to consider is that the prosecutor would have to prove to the jury beyond a reasonable doubt that the celebrity had drugs. The celebrity wouldn’t have to testify that they lied under oath, their lawyer could just argue that the government didn’t meet that burden. Maybe their client lied under oath (that’s a different crime the government would have to prove). Maybe their client was just mistaken in their testimony. Either way, no hard evidence that the celebrity is actually guilty of the specific crime.
Another thing to consider is that the prosecutor would have to prove to the jury beyond a reasonable doubt that the celebrity had drugs. The celebrity wouldn’t have to testify that they lied under oath, their lawyer could just argue that the government didn’t meet that burden. Maybe their client lied under oath (that’s a different crime the government would have to prove). Maybe their client was just mistaken in their testimony. Either way, no hard evidence that the celebrity is actually guilty of the specific crime.
Not sure what the UK laws are, but if you lived in the US you could admit to the same things without any criminal penalties. In order to be convicted of drug possession, there has to be actual evidence beyond a mere confession that you possessed drugs. And in most jurisdictions, they have to take the drugs into evidence and test them to prove they are, in fact, illegal drugs. Once the drugs are ingested, the evidence is gone.
There are also laws in the U.S. knows as “statutes of limitation” which limit the amount of time the government has to prosecute you after you commit a crime. So if somebody admits to using or possessing cocaine several years ago, even if the government is somehow able to compile evidence, the state of limitations may preclude prosecution.
Not sure what the UK laws are, but if you lived in the US you could admit to the same things without any criminal penalties. In order to be convicted of drug possession, there has to be actual evidence beyond a mere confession that you possessed drugs. And in most jurisdictions, they have to take the drugs into evidence and test them to prove they are, in fact, illegal drugs. Once the drugs are ingested, the evidence is gone.
There are also laws in the U.S. knows as “statutes of limitation” which limit the amount of time the government has to prosecute you after you commit a crime. So if somebody admits to using or possessing cocaine several years ago, even if the government is somehow able to compile evidence, the state of limitations may preclude prosecution.
Not American, but could it be that the illegal is to HAVE, to SELL, to DISTRIBUTE drugs, but “being drugged” isn’t by itself?
A confession to a crime means nothing without additional evidence to corroborate that crime. Whenever there is a famous murder, tens if not hundreds of people come forward to confess that they committed the crime. Why are they not charged? Because there’s no evidence that they committed the crime.
It is illegal to possess controlled substances without a prescription in this country. It is illegal to sell, consume, traffic, or otherwise control without a license these substances. But if the person does not literally possess it (either on their person or “constructively,” meaning in a room they alone control, or in a safe in their home, or at their direction someone else possesses it), then no crime has occurred.
I sped yesterday. 10 over the speed limit. What does that mean in a court of law, though? No one saw me. No one can identify that I committed the crime. There’s no evidence. So it’s like it didn’t happen. But it is probative to different situations to explain that you were intoxicated, and to inform a jury what you were intoxicated on so a toxicologist can explain the effects it would have on you in that situation.
A confession to a crime means nothing without additional evidence to corroborate that crime. Whenever there is a famous murder, tens if not hundreds of people come forward to confess that they committed the crime. Why are they not charged? Because there’s no evidence that they committed the crime.
It is illegal to possess controlled substances without a prescription in this country. It is illegal to sell, consume, traffic, or otherwise control without a license these substances. But if the person does not literally possess it (either on their person or “constructively,” meaning in a room they alone control, or in a safe in their home, or at their direction someone else possesses it), then no crime has occurred.
I sped yesterday. 10 over the speed limit. What does that mean in a court of law, though? No one saw me. No one can identify that I committed the crime. There’s no evidence. So it’s like it didn’t happen. But it is probative to different situations to explain that you were intoxicated, and to inform a jury what you were intoxicated on so a toxicologist can explain the effects it would have on you in that situation.
Well obviously Depp is American, but for the UK, it depends.
The UK has some laws which means it illegal to even use opium, be in a location opium is smoked, or have any utensil that is prepared for opium:
https://www.legislation.gov.uk/ukpga/1971/38/section/9
Another interesting one is that if you provide someone with a way of administering a drug, it’s illegal:
https://www.legislation.gov.uk/ukpga/1971/38/section/9A
Interestingly it mentions that it’s illegal to administer an illegal drug, although it has to be in your possession.
So, you could admit to have either smoked opium, been in an opium den, possessed an illegal drug and/or taken said drug, then be charged (notice I say charged, not convicted – this will then go onto a trial).
However, realistically this will only happen if you’re already being investigated for something else, as an add on charge. Or if you go and write a confession letter asking to be arrested by the police. Resources are finite.
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