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Impeach Governor Brown
Message
De
14/10/2011 09:24:53
 
 
Information générale
Forum:
Politics
Catégorie:
Autre
Divers
Thread ID:
01526040
Message ID:
01526424
Vues:
58
>>>>>>>1) Governor Brown signed into law the "Dream Act", which allows Illegals to obtain state funding for college
>>>>>>>
>>>>>>>2) Governor Brown signed a ban on open carry of firearms into law on Monday.
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>>So let's see if I have this right....
>>>>>>>
>>>>>>>Criminals can come to the U.S. and get PAID to go to college, but I cannot carry a firearm to defend myself against them??
>>>>>>
>>>>>>1) they are not criminals before they come to the US, unless proven to be. It's your duty, as a defender of democracy, to know about presumption of innocence.
>>>>>
>>>>>They are as soon as they enter the US *ILLEGALLY*.
>>>>>
>>>>
>>>>Do you really think a 4-year-old brought in by his parents is a criminal?
>>>>
>>>>Tamar
>>>
>>>
>>>Yes. If the 4 year old was not born in the U.S., and came/was brought to the U.S. without proper documentation, then he/she is an illegal, and by definition, a criminal.
>>
>>I'm pretty sure that, in order to commit a crime, you have to be able to form intent. The 4-year-old doesn't have the intent; he's simply along for the ride.
>>
>>Tamar
>
>Vehicular manslaughter v. vehicular homicide. The intent to kill is missing in the former.

From http://legal-dictionary.thefreedictionary.com/Specific+Intent:

"The term specific intent is commonly used in criminal and Tort Law to designate a special state of mind that is required, along with a physical act, to constitute certain crimes or torts. Specific intent is usually interpreted to mean intentionally or knowingly. Common-law Larceny, for example, requires both the physical act of taking and carrying away the property of another and the mental element of intent to steal the property. Similarly, common-law Burglary requires breaking and entering into the dwelling of another with an intent to commit a felony therein. These crimes and others that require a specific-intent element are called specific-intent crimes and are distinguished from general-intent crimes. General-intent crimes require only a showing that the defendant intended to do the act prohibited by law, not that the defendant intended the precise harm or the precise result that occurred."

So I think the 4-year-old wouldn't be able to commit a crime because she wouldn't be able to form the intent to do something that was prohibited by law.

Tamar
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