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> There was no chance of that happening Mens rea is the guilty mind required for something to be a crime. Intent matters as much as outcome or chance of outcom
by brigandish 7y ago
> There was no chance of that happening
Mens rea is the guilty mind required for something to be a crime. Intent matters as much as outcome or chance of outcome in the judgement of whether a crime has occurred, and explains the use of "sought" in the comment you replied to.
- russler23 7y agoWell, it hadn’t even entered my mind that increasing racial tensions could be a crime, so that didn’t make it through my legal framework. Why did it occur to you?
- brigandish 7y agoHis actions and motivations in committing a crime, alleged or proven, are relevant, that's why it entered my mind - he is under investigation for a crime, is he not? Igniting racial tensions doesn't need to be the crime, just as stealing money to pay off debts doesn't make paying off debts a crime, but it's still relevant in showing mens rea and the kind of mens rea e.g. knowing, negligent, reckless etc and in assessment of the effects of his actions.
- russler23 7y agoI guess I’d call it an appeal to racial sympathy more than anything else. If Chicago wants to charge him with filing a false report, they can go right ahead, but I’m pretty sure they don’t need his personal records to establish that.