Joint Possession
Back in law school, we studied the ins and outs of criminal culpability under the always entertaining Henry Karlson.The professor took us through the complexity of a possession case. Possession, under the criminal law, is more that the fact of possession: In order to be “in possession” of something (like drugs or a gun), you must have knowledge of your possession. Not only that, possession can include items within your zone of control, like the vehicle you are driving, or the apartment you are renting.
So the question he posed was, can 2 people be charged with possession of the same thing? The answer, yes, if both are in the vicinity of the item and both have knowledge of the item. So if the police bust in and you and your buddy are sitting at a table with a marijuana cigarette on it, you both could be charged and convicted of possession, or as Prof. Karson put it “joint Possession.”
Clearly, more than one person can do things like rob a bank, but this pair breaks new ground in the area of joint responsibility:
Two Dorchester men were arrested for operating the same vehicle while intoxicated in the Abbotsford area. Harvey J. Miller, 43, who has no legs, was steering the 1985 Chevrolet truck from the driver’s seat while Edwin H. Marzinske, 55, operated the brake and gas pedals, according to the Colby/Abbotsford Police report.
Miller admitted he was too drunk to drive but argued he wasn’t operating the vehicle because he couldn’t push the pedals. Miller was issued a citation for a third drunk driving offense, while Marzinske was cited for a second. Both men were also cited for operating after revocation.
Link.
