To: Domandred
The Constitution
requires that a criminal conviction be for an intentional act (because the common law definition of "crime" requires
mens rea.) And it requires that the jury believe that the defendant committed a crime (including his intention to do so)
beyond a reasonable doubt. The standard is not whether the jury believes the defendant—the standard is whether the jury believes
beyond a reasonable doubt that the defendant knew he had a gun in his backpack (there is a difference between believing the probability is somewhat higher then even that the defendant knew there was a gun in his backpack and believing the same beyond
reasonable doubt.)
10 posted on
08/29/2008 9:53:30 PM PDT by
sourcery
(Social Justice. n. 1. Enslavement of those who work for the benefit of those who don't.)
To: sourcery
Jury instructions given, from my understanding talking to Netalia, was that in order to render a guilty verdict a crime had to have been committed (yes, but debatable) AND that there had to have been intent as well.
Both had to occur for a proper guilty verdict.
Prosecutors showed crime (yes he did it, that was never a question), but could not prove intent in my wife’s mind.
12 posted on
08/29/2008 10:01:25 PM PDT by
Domandred
(McCain's 'R' is a typo that has never been corrected)
To: sourcery
Thing is ... the charges for attempting to bring a gun on board are civil, not criminal. This puzzles me greatly.
20 posted on
08/29/2008 11:09:23 PM PDT by
ctdonath2
(The average piece of junk is more meaningful than our criticism designating it so. - Ratatouille)
To: sourcery
Looks to me like this case would fall under “Crimes against the bureaucracy.”
No victim, only offense against the state and the arbitrary rule by unelected bureaucrats.
The world saw a lot of that in fascist Germany and soviet Russia.
24 posted on
08/30/2008 6:28:16 AM PDT by
sergeantdave
(We are entering the Age of the Idiot)
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