4 ms·
> In an imaginary perfect criminal justice system, charges/penalties are based on damage done. Hell no. Otherwise you could just set up one gigantic crime by c
by ambicapter 7y ago
> In an imaginary perfect criminal justice system, charges/penalties are based on damage done.
Hell no. Otherwise you could just set up one gigantic crime by comitting a bunch of small "no damage done" crimes along the way-say, stealing a string of credentials one at a time, but not actually using them until you have all of them together and then you commit your major heist/crime.
- Mirioron 7y agoLesser punishment doesn't mean no punishment. Furthermore, you can always argue that the intent is to commit a major crime.
- brigandish 7y agoMens rea is an important consideration so it's not just about damage done (though the fear a key could be used in pursuit of a worse crime is also a harm) but the intent/recklessness of an act.
- lazyasciiart 7y agoWell, the imaginary perfect criminal justice system would probably arrest you right as you had completely committed to causing the damage, instead of afterwards. But it should still be justifying the arrest based on the act that caused damage, not the harmless acts that set you up to be ready to do it.
- dual_basis 7y agoAh, like Minority Report
- loeg 7y agoThe crime in this hypothetical degrades from Burglary to Trespass, not "no crime."
- rplst8 7y agoTrespass is not a crime per se. It's a tortious act. Criminal trespassing is when you commit trespassing when specifically told to leave and you don't or do it again.
- vangelis 7y agoA burglar might kill someone, book them on home invasion charges even if the house was empty.