Message from @Diddycon
Discord ID: 568143752426946560
Then it shouldnt be a crime to have intent
Disagree. Establishing intent or motivation gives you the people you need to start looking at.
motive means and opportunity!
Already covered by the degree of crime system
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
either way the baby is dead
Charging for intent serves no purpose other than to increase sentencing for the same crime
but the crime is different
intent is paramount in determining the degree of justice ( sentencing)
Agreed, but intent shouldnt be a separate crime
Intent is part of the case and proving guilt. It shouldnt be a seperate crime
if a crime is foiled what would they be charged with?
attempted =/ intent is what ur suggesting?
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.
Attempt
id argue attempt suggests intent
And attempt is a violation of law
The intent is not the violation of law
If you kill a guy and are charged with killing and hate, what purpose does the hate charge serve?
i see what your saying
legally speaking
If your not guilty of murder can you still be charged with hate?
cuz a lot of that is subjective
If yes you are in double jeopardy
If no the hate only serves to punish you for the same crime twice, double punishment
taht i dont follow
because u can be exonerated of murder and still be charged with manslaughter
for the same incident
yea i happen to agree with that guy, its more of a first amendment issue then 5th
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
And how would that white supremacist prove that the killing of the jew was not racially motivated
u cant be asked to prove a negative
its the onus of the prosecution to prove it was
and our legal system is not black and white, the judge and jurors are typically pretty savvy
How would you prove the motive? Point at his tattoo?
Jurors aren't savvy, they are your peers, no smarter than you or i
lots of ways, but im not here to do a hypothetical prosecutors job for them!
I wouldnt want me on a jury
chances are u wouldn't be selected then. and a collective body of 12 people discussing facts is smarter then the average bear