Criminal Intent and the So-Called 'Red Flag' Theory

The "red flag" theory carries the danger of fostering undeserved prosecutions, for so much of it involves the feelings or the opinions of the prosecutor ' and conceivably of a jury.

25 minute read September 26, 2011 at 11:21 AM

Stanley S. Arkin And Howard J. Kaplan

Criminal Intent and the So-Called 'Red Flag' Theory

We live in times where there is an extreme amount of anger and distrust regarding our country's financial institutions. Such circumstances traditionally impel prosecutors to exercise their discretion to indict in an aggressive way expressive of the political environment.

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