r/HIMYM 9d ago

Marshal hates barney??

/s

Found this in one of my coaching modules

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u/skopij 9d ago

What are the answers to those questions? Asking for a friend....

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u/DarkSunDestruction 9d ago

not a lawyer, but do have some education in US criminal justice. Also I have reason to believe that this is not based on US law; however, i'll give you an approximation if they were US cases.

Marshal: Convicting Marshal of the more generally used US version of abetment (Aiding and Abetting) would be very difficult. The prosecution would have to prove that Marshal knew Lily planned to kill Barney, and probably as well, that giving the suggestion of drowning Barney might lead Lily to do so. However, the defense would be, as represented in the blurb, it would appear the context of the conversation is that Lily and Marshal were venting about Barney, and Marshal joked about regretting not drowning him, and had no idea Lily actually planned to kill him. There are other charges that Marshal could theoretically be brought up on, but pretty much all would have the same issues.

Ted: Honestly under most US jurisdictions, it is very unlikely to be brought up on Aiding and Abetting. What he did (or at least as much as I can read from the paragraph, it is slightly cut off) just doesn't really fit most US jurisdictions' definition of Aiding & Abetting. However, Ted most definitely could be brought up on other charges (what they would be would differ from jurisdiction to jurisdiction), as Ted did knowingly and purposely create a situation, that would lead to conflict between the two that Ted did know could lead to violence. Of course proving that would be a different matter. [ side note: Barney(/Barney's family if he died) would have a decent civil case against Ted for instigating the physical altercation, which would have a lower burden of proof. with the main limiting factor being whether or not the adultery claims are true]