Gun case at the SCOTUS
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June 21st, 2019 at 7:09 pm
Ain’t no lawyer *but*…….
It’s been said we each break the law numerous times each day – most often unwittingly.
I can appreciate a precedent which argues that an individual know they are violating a law in order to be punished for it.
June 21st, 2019 at 8:43 pm
This case doesn’t even go that far. The guy was not ignorant of the law. He was ignorant of a material fact.
He did not know that his visa had been revoked and that he was now an illegal alien and therefore an absolutely prohibited person. Notice, that he was busted for shooting at a range, which like licensed hunting is a legal activity for anyone legally in the United States. Not only citizens and permanent residents, but also students, tourists, temporary workers, etc., although this second group is otherwise generally prohibited to privately possess guns and ammunition.
June 22nd, 2019 at 11:35 pm
Why would they even bother arresting anyone over this stupid offense
June 22nd, 2019 at 11:53 pm
RB, because guncrime.
June 23rd, 2019 at 6:56 am
Low-hanging fruit, to justify their phony-baloney jobs. Easy conviction for their win-loss record. Or so they thought at the time.
June 23rd, 2019 at 10:38 am
And if intent is part of breaking the law then that can be used to argue quite a bit against unintentional breaking of the law.
Mens rea –
It is a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase actus reus non facit reum nisi mens sit rea, i.e. “the act is not culpable unless the mind is guilty”.
We can use that! Lots of people are arrested for crimes they didn’t even know existed!
June 23rd, 2019 at 11:54 am
What put this guy on someones radar in the first place?
June 23rd, 2019 at 12:43 pm
Paul, and Hillary got off with mishandling classified material because Comey said she didn’t have criminal intent. If it’s a good enough excuse for her…
June 23rd, 2019 at 3:19 pm
“Comey said she didn’t have criminal intent.”
Mishandling of classified materials is legally unique, in that ‘bad intent’ is not required. Mishandling an any form is a felony (unless you’re a fat, drunk grifter named Hillary).
June 24th, 2019 at 9:20 am
Tim, but now SCOTUS opens the door to making it ALL LAWS require intent. About time.
June 26th, 2019 at 12:49 pm
Paul, that would certainly make our world a more interesting place. How will prosecutors prove that I *knew* I was in a “gun free zone” while carrying?, etc.?