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US Election Week 2020

Started by Barrister, November 03, 2020, 01:17:04 PM

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Eddie Teach

Trespassing, same as the rioters.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

viper37

Quote from: The Brain on January 19, 2021, 04:16:37 PM
Quote from: viper37 on January 19, 2021, 04:13:22 PM
Quote from: The Brain on January 18, 2021, 04:05:02 PM
Quote from: viper37 on January 18, 2021, 04:00:36 PM
Long text about the Capitol rioters, 1st hand account from a journalist who was there, among them.

How far did he follow them?
Up 'til they enter the Senate chambers, sit on Pence's chair and read memos from Senators to Pence.

He violated the law to get the story?
If the doors are breached and you enter with the intent of reporting what you see, is that a crime?
If I'm your neighbor and I see your door wide open, I enter to check on things, am I committing a crime? :)
I don't do meditation.  I drink alcohol to relax, like normal people.

If Microsoft Excel decided to stop working overnight, the world would practically end.

grumbler

Quote from: Eddie Teach on January 19, 2021, 09:31:13 PM
Trespassing, same as the rioters.
Define "trespassing" as it refers to this situation.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

grumbler

Quote from: viper37 on January 19, 2021, 09:35:38 PM
If the doors are breached and you enter with the intent of reporting what you see, is that a crime?
If I'm your neighbor and I see your door wide open, I enter to check on things, am I committing a crime? :)

No, and no, according to Virginia state laws.  Your mileage may differ.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Eddie Teach

Quote from: grumbler on January 19, 2021, 09:59:59 PM
Quote from: Eddie Teach on January 19, 2021, 09:31:13 PM
Trespassing, same as the rioters.
Define "trespassing" as it refers to this situation.

I dunno. I presume not everyone who stormed the building was looting or attacking cops. So whatever they're guilty of, having a camera doesn't make you exempt.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

grumbler

Quote from: Eddie Teach on January 19, 2021, 11:07:08 PM
Quote from: grumbler on January 19, 2021, 09:59:59 PM
Quote from: Eddie Teach on January 19, 2021, 09:31:13 PM
Trespassing, same as the rioters.
Define "trespassing" as it refers to this situation.

I dunno. I presume not everyone who stormed the building was looting or attacking cops. So whatever they're guilty of, having a camera doesn't make you exempt.

I don't understand your point.  Is motive not a factor in criminal law?
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

Barrister

Quote from: grumbler on January 19, 2021, 11:16:16 PM
I don't understand your point.  Is motive not a factor in criminal law?

I can't answer whether or not this reporter "broke the law", but this I can answer.

Motive is never a factor in criminal law.  As a prosecutor I never have to prove motive.  What I do have to prove is intent.  I have to prove what the person was trying to do (intent).  What is mostly irrelevant is why the person was trying to do that thing (motive).

Now motive can sometimes come up in sentencing, but never as an element of the offence.
Posts here are my own private opinions.  I do not speak for my employer.

grumbler

Quote from: Barrister on January 19, 2021, 11:29:37 PM
Quote from: grumbler on January 19, 2021, 11:16:16 PM
I don't understand your point.  Is motive not a factor in criminal law?

I can't answer whether or not this reporter "broke the law", but this I can answer.

Motive is never a factor in criminal law.  As a prosecutor I never have to prove motive.  What I do have to prove is intent.  I have to prove what the person was trying to do (intent).  What is mostly irrelevant is why the person was trying to do that thing (motive).

Now motive can sometimes come up in sentencing, but never as an element of the offence.

Conceded.  Mens Rea is better interpreted as "intent" than "motive."

So i restate my question as "is Mens Rea not a factor in criminal law?"   Does a reporter have the Mens Rea when he reports a crime in progress?
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

The Minsky Moment

Criminal intent normally refers to intent to do the acts the constitute the crime, in this case unauthorized entry.  The reporter had that intent. The reporter could invoke the first amendment, however.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Habbaku

You guys, I'm starting to think that Trump isn't going to pull this one out.
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.

-J. R. R. Tolkien

Tonitrus

He still has a few minutes to declare martial law.

Grey Fox

My prediction in the end will have been wrong.
Colonel Caliga is Awesome.

Caliga

Quote from: Habbaku on January 20, 2021, 11:19:10 AM
You guys, I'm starting to think that Trump isn't going to pull this one out.
OMG DID YOU SEE THE MORSE CODE BLINKING PENCE WAS DOING QQ
0 Ed Anger Disapproval Points

mongers

Quote from: The Minsky Moment on January 20, 2021, 09:44:00 AM
Criminal intent normally refers to intent to do the acts the constitute the crime, in this case unauthorized entry.  The reporter had that intent. The reporter could invoke the first amendment, however.

I love how Robert Moore's ITN crew coverage of the capitol invasion is now providing valuable evidence on who was there and what crimes they got up to.  :bowler:
"We have it in our power to begin the world over again"

viper37

Quote from: The Minsky Moment on January 20, 2021, 09:44:00 AM
Criminal intent normally refers to intent to do the acts the constitute the crime, in this case unauthorized entry.  The reporter had that intent. The reporter could invoke the first amendment, however.
depends.  he did not have the intent to breach the capitol, his intent was to report on the protest.  then things heated up, people entered the Capitol, he followed to report on what they were doing.
I don't do meditation.  I drink alcohol to relax, like normal people.

If Microsoft Excel decided to stop working overnight, the world would practically end.