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> If a cop sells you oregano and you think it's marijuana you might have the intent to buy marijuana but there's no actual criminal act because oregano isn't il

> If a cop sells you oregano and you think it's marijuana you might have the intent to buy marijuana but there's no actual criminal act because oregano isn't illegal. If you make a law that only requires intent then congratulations, you've created thought crimes. You're a lawyer, I take it? I'm not a lawyer, and I admit your analysis of this scenario confuses me. Is there no legal difference between merely having intent to commit a crime at some point in the future, and actually attempting to commit a crime?

trifurcate 3y ago
Definitely not a lawyer. You couldn't charge anyone with criminal conspiracy from the parent commenter's perspective.
giantrobot 3y ago
I'm definitely not a lawyer. > Is there no legal difference between merely having intent to commit a crime at some point in the future, and actually attempting to commit a crime? That was my point. To be charged with and prosecuted for a crime you need to both intend to commit it and then actually/attempt to commit it. Attempted murder is a crime, I both intend to kill someone and try to do so even if I fail. It's not punished as severely as actual murder but it's still a crime. But attempted murder is actual a specific crime in the criminal code. There's elements of it that need to be proven in court. Unless a jurisdiction has a crime of "attempted possession of marijuana", intending to buy marijuana but ending up with oregano isn't a crime someone can be charged with. If we start writing laws outlawing attempted possession it's a slippery slope that gets into outlawing thoughts. It also opens the door to stupid pre-crime ideas like someone would only use cryptography to get ahold of illegal content therefore anyone using cryptography is instantly guilty of attempting to get illegal material. You can be sure this is what will happen because it's the very arguments the anti-cryptography groups use.
- qingcharles 3y ago
  Attempted possession of an illegal item/substance is absolutely a crime. Source: decade in the criminal justice system.

trifurcate 3y ago

Definitely not a lawyer. You couldn't charge anyone with criminal conspiracy from the parent commenter's perspective.

giantrobot 3y ago

I'm definitely not a lawyer. > Is there no legal difference between merely having intent to commit a crime at some point in the future, and actually attempting to commit a crime? That was my point. To be charged with and prosecuted for a crime you need to both intend to commit it and then actually/attempt to commit it. Attempted murder is a crime, I both intend to kill someone and try to do so even if I fail. It's not punished as severely as actual murder but it's still a crime. But attempted murder is actual a specific crime in the criminal code. There's elements of it that need to be proven in court. Unless a jurisdiction has a crime of "attempted possession of marijuana", intending to buy marijuana but ending up with oregano isn't a crime someone can be charged with. If we start writing laws outlawing attempted possession it's a slippery slope that gets into outlawing thoughts. It also opens the door to stupid pre-crime ideas like someone would only use cryptography to get ahold of illegal content therefore anyone using cryptography is instantly guilty of attempting to get illegal material. You can be sure this is what will happen because it's the very arguments the anti-cryptography groups use.

qingcharles 3y ago
Attempted possession of an illegal item/substance is absolutely a crime. Source: decade in the criminal justice system.