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Impeach Governor Brown
Message
From
14/10/2011 13:16:34
 
 
General information
Forum:
Politics
Category:
Other
Miscellaneous
Thread ID:
01526040
Message ID:
01526464
Views:
52
>>>>>>>>>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
>
>To be clear, I was not responding to the specific example of the 4 year old, rather to your general assertion "I'm pretty sure that, in order to commit a crime, you have to be able to form intent." Unless "with the intent to" or similar is contained in the particular statute then intent is not required.

The definition above seems to indicate that intent is required, whether specifically stated or not. It doesn't have to be the intent to break the law, but the intent to do whatever the act was that did break the law. (IOW, ignorance of the law is no excuse.)

Tamar
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