3 ms·

Conspiracy is already a crime. Your cucumber example wouldn't attract a response because nobody actually cares enough to prosecute it. For example if your cucum

by analog 13y ago

Conspiracy is already a crime. Your cucumber example wouldn't attract a response because nobody actually cares enough to prosecute it. For example if your cucumber was made of solid goal then you would become a target of preventive action. http://en.wikipedia.org/wiki/Conspiracy_(crime) http://en.wikipedia.org/wiki/Conspiracy_(crime)

Derbasti 13y ago
Luckily, this applies mostly to English speaking countries. The rest of the world seems to require some actual criminal action for prosecution.
- analog 13y ago
  Lucky for people planning crimes I guess, unlucky for the rest of us. Edit: Your claim that this is limited to mainly English speaking countries is not even true. "Most nations prosecute inchoate acts (such as conspiracy and incitation) in their domestic criminal law." https://www.law.upenn.edu/journals/jil/jilp/articles/1-1_Stenson_Thomas.pdf https://www.law.upenn.edu/journals/jil/jilp/articles/1-1_Ste... http://en.wikipedia.org/wiki/Inchoate_offense http://en.wikipedia.org/wiki/Inchoate_offense
  - Derbasti 13y ago
    As far as I can see, most jurisdictions require some action beyond mere thought or talk. Two guys talking over their beers at a bar is not enough. At least that is what the German Wikipedia is saying about European law.
    - analog 13y ago
      Well sure, you'd have to actually be seriously planning to commit the crime to be prosecuted for it.
A1kmm 13y ago
IANAL, but I believe that in most jurisdictions conspiracy requires two or more co-conspirators (i.e. the crime of conspiracy to commit a crime means two or more people agree or plan for a crime to be committed). Attempting to commit a crime is also a crime in many jurisdictions, and only requires one person - maybe a prosecutor could convince a court that Derbasti was going to steal something, as demonstrated in a HN comment, but the plan was foiled. Also, perhaps it is a threat - if other comments could be used to show that he/she was threatening the local supermarket unless they do something, perhaps charges for threatening could be filed.
- analog 13y ago
  Yup, conspiracy was just the first example that came to mind. The actual class of crimes is inchoate offences (found after some brief googling). http://en.wikipedia.org/wiki/Inchoate_offense http://en.wikipedia.org/wiki/Inchoate_offense

by analog 13y ago

Derbasti 13y ago

Luckily, this applies mostly to English speaking countries. The rest of the world seems to require some actual criminal action for prosecution.

analog 13y ago
Lucky for people planning crimes I guess, unlucky for the rest of us. Edit: Your claim that this is limited to mainly English speaking countries is not even true. "Most nations prosecute inchoate acts (such as conspiracy and incitation) in their domestic criminal law." https://www.law.upenn.edu/journals/jil/jilp/articles/1-1_Stenson_Thomas.pdf https://www.law.upenn.edu/journals/jil/jilp/articles/1-1_Ste... http://en.wikipedia.org/wiki/Inchoate_offense http://en.wikipedia.org/wiki/Inchoate_offense
- Derbasti 13y ago
  As far as I can see, most jurisdictions require some action beyond mere thought or talk. Two guys talking over their beers at a bar is not enough. At least that is what the German Wikipedia is saying about European law.
  - analog 13y ago
    Well sure, you'd have to actually be seriously planning to commit the crime to be prosecuted for it.

A1kmm 13y ago

IANAL, but I believe that in most jurisdictions conspiracy requires two or more co-conspirators (i.e. the crime of conspiracy to commit a crime means two or more people agree or plan for a crime to be committed). Attempting to commit a crime is also a crime in many jurisdictions, and only requires one person - maybe a prosecutor could convince a court that Derbasti was going to steal something, as demonstrated in a HN comment, but the plan was foiled. Also, perhaps it is a threat - if other comments could be used to show that he/she was threatening the local supermarket unless they do something, perhaps charges for threatening could be filed.

analog 13y ago
Yup, conspiracy was just the first example that came to mind. The actual class of crimes is inchoate offences (found after some brief googling). http://en.wikipedia.org/wiki/Inchoate_offense http://en.wikipedia.org/wiki/Inchoate_offense