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> when he spoke the words that day, "And if you don't fight like hell, you're not going to have a country anymore," his intent was to incite the violence that f
by denton-scratch 3y ago
> when he spoke the words that day, "And if you don't fight like hell, you're not going to have a country anymore," his intent was to incite the violence that followed.
Is that right? IANAL, but I would have thought that intent is immaterial; if it's forbidden to incite violence, and you incited it, then what you meant to do is neither here nor there.
Intent seems to be a difficult area of law; judges and juries are not telepathic. I don't think there are many crimes that I can commit, for which I would be acquitted if I said I didn't mean to do it.
- enoch_r 3y agoIntent is absolutely part of the law: https://www.law.cornell.edu/uscode/text/18/373 https://www.law.cornell.edu/uscode/text/18/373 > Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years. Intent is also one of the key factors that distinguishes between different categories of murder - it varies by jurisdiction, but generally premeditated murder (you intended to kill the person in advance) is different than a "crime of passion" (you intended to kill the person at the moment you murdered them), which is in turn different than an "accidental" murder (you didn't mean to kill the victim, but you did).
- denton-scratch 3y agoOK, Thanks. I forgot that the subject was the US constitution.
- freejazz 3y agoYou can testify that you didn't intend all you want, it doesn't mean anyone will believe you