5 ms·

The courts can discover intent. It cannot determine it independently.

• giantg2 6y ago
  Which still makes them the authority...
  • ddingus 6y ago
    Lacking some direct statements and or evidence? Yeah. You've done that in the exchange above, not actually speaking directly to intent. The result, when that information is needed, is it will be obtained indirectly, and if it cannot be determined at all, some other decision will be made. Physically, in the way humans work, we are that authority. Should we undermine ourselves, yeah that's an issue. Conflating that state of affairs with what we require courts to do as some proof we do not own our intent isn't helpful.
    • giantg2 6y ago
      It's an absolute liability/immunity statute. Intent is not part of the elements of the offense.
      • ddingus 6y ago
        See my other comments, it can definitely be part of the defense. Yours specifically.
        • giantg2 6y ago
          Well then you better educate the judge and ADA because they believe intent doesn't matter and that the law makes it a per se violation.
          • ddingus 6y ago
            Well, no. Remember I went looking for that material and did not find much.