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It's not about knowledge of the law, it's about intent. Ignorance is not an excuse, but it can diminish the crime if the crime is defined in a way that require

by pluma 11y ago

It's not about knowledge of the law, it's about intent. Ignorance is not an excuse, but it can diminish the crime if the crime is defined in a way that requires intent. For example, intent can be the difference between murder ("first degree" to Americans) and recklessly causing someone to die. If you poison someone's food and they die, it's murder. If you unwittingly poisoned the food, it's not, but you may be held accountable for a different crime (i.e. recklessness that resulted in death). This distinction is okay. In fact I'd argue it's expected. EDIT: Heck, if intent were irrelevant, it'd even be legal to plan to kill or harm people as long as you don't fully follow through. If you caught a terrorist before the act, you'd have to let them go because they haven't yet actually harmed anyone.

thwarted 11y ago
Heck, if intent were irrelevant, it'd even be legal to plan to kill or harm people as long as you don't fully follow through. If you caught a terrorist before the act, you'd have to let them go because they haven't yet actually harmed anyone. (IANAL, and these questions are meant only to incite thought or details (if anyone has any)) Is the state of being a terrorist the act of terrorizing or the thought of doing something that is terrorizing? If it's the latter, how is that different than a thought crime? Even if it's planned, but never executed, is one a terrorist? How does one distinguish between having planned but never intending to execute vs having planned but didn't get around to execute? Is a plan that is never executed a failed plan? There is a distinction between "murder" and "conspiracy to commit murder", the former being the act and the latter being participation in the planning. If the actor attempts to terrorize and no one is actually terrorized, has an act of terrorism been committed? If a program is designed, but never written, is it software? If a program is written, but never executed, is it software?
- perfTerm 11y ago
  I think the difference lies in the planning. Sure, you can think "wow if I blew this place up it'd really mess things up here", but if you think that and then set out to buy fertilizer and an suv, that's obviously a lot more actionable than a "thought crime". The law doesn't punish people who have drastic thoughts, it punishes people who have drastic thoughts and then bring them up to associates as something not so drastic. I dunno, that's the difference to me
  - JupiterMoon 11y ago
    > The law doesn't punish people who have drastic thoughts, it punishes people who have drastic thoughts and then bring them up to associates as something not so drastic. US law maybe. UK law is moving in a different direction... More towards punishing people whom are accused of having drastic thoughts. Citation - read the pre-election manifesto of the new UK government.

by pluma 11y ago

thwarted 11y ago

Heck, if intent were irrelevant, it'd even be legal to plan to kill or harm people as long as you don't fully follow through. If you caught a terrorist before the act, you'd have to let them go because they haven't yet actually harmed anyone. (IANAL, and these questions are meant only to incite thought or details (if anyone has any)) Is the state of being a terrorist the act of terrorizing or the thought of doing something that is terrorizing? If it's the latter, how is that different than a thought crime? Even if it's planned, but never executed, is one a terrorist? How does one distinguish between having planned but never intending to execute vs having planned but didn't get around to execute? Is a plan that is never executed a failed plan? There is a distinction between "murder" and "conspiracy to commit murder", the former being the act and the latter being participation in the planning. If the actor attempts to terrorize and no one is actually terrorized, has an act of terrorism been committed? If a program is designed, but never written, is it software? If a program is written, but never executed, is it software?

perfTerm 11y ago
I think the difference lies in the planning. Sure, you can think "wow if I blew this place up it'd really mess things up here", but if you think that and then set out to buy fertilizer and an suv, that's obviously a lot more actionable than a "thought crime". The law doesn't punish people who have drastic thoughts, it punishes people who have drastic thoughts and then bring them up to associates as something not so drastic. I dunno, that's the difference to me
- JupiterMoon 11y ago
  > The law doesn't punish people who have drastic thoughts, it punishes people who have drastic thoughts and then bring them up to associates as something not so drastic. US law maybe. UK law is moving in a different direction... More towards punishing people whom are accused of having drastic thoughts. Citation - read the pre-election manifesto of the new UK government.