On Mon, 14 Jun 2004 17:52:28 -0500, Horn, John <[EMAIL PROTECTED]> wrote: > > > From: Gary Denton [mailto:[EMAIL PROTECTED] > > > <[EMAIL PROTECTED]> wrote: > > > > > > Being stupid doesn't get a criminal out of being prosecuted for > his > > > crimes, why should it in this case? It's intent that counts, > isn't > > > it? > > > > > I forget if it was Wolfowitz or Perle who thought he shouldn't be > > prosecuted because Padilla wasn't playing with a full deck of > cards. > > Not that I would trust anything they say. The real argument in > this > > case is what the Supreme Court is deciding, should he have been > thrown > > in jail for years without charges, without contact with his > family, > > and without a lawyer? > > I agree with that but it is a completely different issue. If > someone was planning on blowing up the Lincoln Memorial with a pack > of playing cards they would still be liable to be prosecuted with > that even if it is completely impossible, right?
Actually, I don't think so. If I pulled out my banana and said I was going to vaporize you with it I would not be charged with murder. There is some criminal intent behind the act but I am not sure what any criminal charge would be. Possibly assault - 'threat to do bodily harm' even if incapable of completing the act. I am sure the nice policeman would just sent me away to be examined. In any case, it is a much lesser charge. How serious does the plan to blow up the Lincoln Memorial with a deck of playing cards have to be before it is prosecutable and what charge is it prosecutable under? Gary Denton - Bozo's Legal Defense Team Maru #1 on google for lemming liberal Bush clown
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