| -Caveat Lector-
Well, that's best approached with an
analogy.....
ex:) I drive home drunk killing a pedestrian on the
way.
Actus Reus: I drove drunk (the
act)
Mens Rea: I intended to drive of my own volition
(the intent)
I didn't HAVE to form then intent to run the person
down in
my car. The criminal intent is in the "commission"
and not the
outcome.
That's precisely why ignorance of the law is no
excuse.
I commited the act, with intent to commit it.
Knowing
whether or not it was ilegal to do so is
irrelevent.
Mike Smith
----- Original Message -----
Sent: Monday, September 29, 2003 9:42
PM
Subject: Re: [CTRL] Screener's wife
caught with gun at airport
-Caveat Lector-
Yes, speeding was a poor comparison. What about involuntary
manslaughter? Where is the intent there?
JR
----- Original Message -----
Sent: Monday, September 29, 2003 11:24 PM
Subject: Re: [CTRL] Screener's wife caught with gun at
airport
-Caveat Lector-
It is enshrined in law that for something
to be criminal, two factors must be present. 1) Actus Reus (the criminal
act) In this case the gun on her person in an airport. 2) Mens Rea (the
criminal intent) Without BOTH of those prerequisites, no crime has
occured. One will not suffice without the other.
This ONLY applies to "criminal" law.... your
comparison
of speeding is a poor comparison.
I don't see how she "did not" intend to take the
gun with her however, and while not trying to be her Jury, I'd think her
guilty.
Ctrl....
aka Michael Smith
"Since when do they have to prove intent? That only applies in
differentiating between degrees of murder and/or manslaughter. Do they have
to prove someone intended to break the speed limit laws.? This is more than
just a double standard. It is criminal malfeasance on the part of the Deputy
Chief D.A. - JR " www.ctrl.org DECLARATION &
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Let us please be civil and as always, Caveat Lector.
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discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid
matters and 'conspiracy theory'—with its many half-truths, mis- directions
and outright frauds—is used politically by different groups with major and
minor effects spread throughout the spectrum of time and thought. That being
said, CTRLgives no endorsement to the validity of posts, and always suggests
to readers; be wary of what you read. CTRL gives no credence to Holocaust
denial and nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
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www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please! These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
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<A HREF="">ctrl</A>
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