Message from @Diddycon

Discord ID: 568143752426946560


2019-04-17 18:33:13 UTC  

Then it shouldnt be a crime to have intent

2019-04-17 18:33:53 UTC  

Disagree. Establishing intent or motivation gives you the people you need to start looking at.

2019-04-17 18:34:31 UTC  

motive means and opportunity!

2019-04-17 18:34:52 UTC  

Already covered by the degree of crime system

2019-04-17 18:35:13 UTC  

and if i accidently run over a baby running across the street. its not the same as if i pull on the curb and run over a baby on purpose

2019-04-17 18:35:20 UTC  

either way the baby is dead

2019-04-17 18:35:37 UTC  

Charging for intent serves no purpose other than to increase sentencing for the same crime

2019-04-17 18:35:46 UTC  

but the crime is different

2019-04-17 18:36:00 UTC  

intent is paramount in determining the degree of justice ( sentencing)

2019-04-17 18:36:22 UTC  

Agreed, but intent shouldnt be a separate crime

2019-04-17 18:37:18 UTC  

Intent is part of the case and proving guilt. It shouldnt be a seperate crime

2019-04-17 18:37:37 UTC  

if a crime is foiled what would they be charged with?

2019-04-17 18:37:48 UTC  

attempted =/ intent is what ur suggesting?

2019-04-17 18:37:52 UTC  

I literally said that you can't charge someone with intent alone (there are acceptions, like conspiracy to commit certain crimes, but, "intent", is used in a different context, there). Separating intent from a crime does not set a dangerous, Fifth-Amendment-circumventing situation where you can be charged with the same crime twice.

2019-04-17 18:37:55 UTC  

Attempt

2019-04-17 18:38:27 UTC  

id argue attempt suggests intent

2019-04-17 18:39:08 UTC  

And attempt is a violation of law

2019-04-17 18:39:17 UTC  

The intent is not the violation of law

2019-04-17 18:40:00 UTC  

If you kill a guy and are charged with killing and hate, what purpose does the hate charge serve?

2019-04-17 18:40:10 UTC  

i see what your saying

2019-04-17 18:40:26 UTC  

hate crime is weird is general

2019-04-17 18:40:34 UTC  

legally speaking

2019-04-17 18:40:43 UTC  

If your not guilty of murder can you still be charged with hate?

2019-04-17 18:40:48 UTC  

cuz a lot of that is subjective

2019-04-17 18:41:00 UTC  

If yes you are in double jeopardy

2019-04-17 18:41:20 UTC  

If no the hate only serves to punish you for the same crime twice, double punishment

2019-04-17 18:41:20 UTC  

taht i dont follow

2019-04-17 18:41:44 UTC  

because u can be exonerated of murder and still be charged with manslaughter

2019-04-17 18:42:31 UTC  

for the same incident

2019-04-17 18:47:14 UTC  
2019-04-17 18:52:15 UTC  

yea i happen to agree with that guy, its more of a first amendment issue then 5th

2019-04-17 18:53:05 UTC  

And can a white supremacist kill a jew and it not be racially motivated? Of course. The idea of hate crimes is just a way to expand punishment on idealogies that the court doesnt agree with

2019-04-17 18:54:03 UTC  

And how would that white supremacist prove that the killing of the jew was not racially motivated

2019-04-17 18:54:19 UTC  

u cant be asked to prove a negative

2019-04-17 18:54:32 UTC  

its the onus of the prosecution to prove it was

2019-04-17 18:54:53 UTC  

and our legal system is not black and white, the judge and jurors are typically pretty savvy

2019-04-17 18:55:08 UTC  

How would you prove the motive? Point at his tattoo?

2019-04-17 18:55:54 UTC  

Jurors aren't savvy, they are your peers, no smarter than you or i

2019-04-17 18:56:36 UTC  

lots of ways, but im not here to do a hypothetical prosecutors job for them!

2019-04-17 18:56:37 UTC  

I wouldnt want me on a jury

2019-04-17 18:57:15 UTC  

chances are u wouldn't be selected then. and a collective body of 12 people discussing facts is smarter then the average bear