2016 elections - because it's never too early

[Barrister]

Criminal negligence is when someone displays "wanton or reckless disregard for the lives of safety of others".

It simply doesn't apply in this case.

Maybe I was a little clumsy with the term I used.  I just thought negligence was enough to be in violation of the statute.

Well this is where I start to get out on thin ice.  The general common law is the same throughout the common law world, but individual statutes can vary in different countries.

But in general... any criminal offence (i.e. where you can go to jail) requires mens rea - a guilty mind.  You have to intend to commit an offence.  There are exceptions.  One of them is for regulatory-type offences.  It doesn't matter if you didn't realize how fast you were going, you can still get a speeding ticket.  But you can't go to jail for speeding.  It is not a criminal offence.

Another exception is for criminal negligence, as you mentioned.  This is a criminal offence.  But it is limited to situations where people's lives are at stake, and the degree of negligence has to be extremely high (such as the wanton or reckless disregard mentioned in Canada's statute).

[The Minsky Moment]

There was a few prosecutions of pharma executives for violation of the off-label marketing rules, under the "responsible corporate officer" doctrine a few years back.  Heavily criticized and for the most part the prosecutions fell apart.  That's the closest analogue I could think of that could apply here.

[garbon]

Criminal negligence is when someone displays "wanton or reckless disregard for the lives of safety of others".

It simply doesn't apply in this case.

Maybe I was a little clumsy with the term I used.  I just thought negligence was enough to be in violation of the statute.

You know the FBI actually put out a statement about this, right?

https://www.fbi.gov/news/pressrel/press-releases/statement-by-fbi-director-james-b.-comey-on-the-investigation-of-secretary-hillary-clintons-use-of-a-personal-e-mail-system

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

[LaCroix]

Maybe I was a little clumsy with the term I used.  I just thought negligence was enough to be in violation of the statute.

nah, because then some IT guy could possibly be charged for making a simple mistake. or if someone accidentally sent an email to the wrong person, etc. people make mistakes all the time, so criminal law typically raises the threshold to something more than mere negligence. at least with most crimes.

[derspiess]

Okay, the term I was trying to enunciate was gross negligence, which is punishable. 

[The Minsky Moment]

Gross negligence typically is also not punishable criminally, absent physical harm to a person, or endangerment of a minor.

As a libertarian I would expect derspiess to be more sensitive to the problems of incorporating loosened intent standards for criminalizing regulatory violations.

[derspiess]

Ooh burn.

But it is punishable, by fine and/or up to 10 years in prison.

[garbon]

Ever the fan of democracy...

Bernie Sanders sent out an email to his supporters urging them to sign a petition that would add a proposed amendment to the current draft of the Democratic party's platform. The amendment: A permanent ban on putting the proposed Trans-Pacific Partnership to a vote.

[Valmy]

Oh FFS Bernie 

[CountDeMoney]

CAN WE KNOCK IT OFF WITH THE TPP THING ALREADY
FUCK

[Valmy]

But it is punishable, by fine and/or up to 10 years in prison.

I just figure she will have a more competent staff and handlers once she is President. One would hope anyway.

[derspiess]

But it is punishable, by fine and/or up to 10 years in prison.

I just figure she will have a more competent staff and handlers once she is President. One would hope anyway.

Funny, people are saying the same about Trump

[CountDeMoney]

But it is punishable, by fine and/or up to 10 years in prison.

I just figure she will have a more competent staff and handlers once she is President. One would hope anyway.

Funny, people are saying said the same about Trump Dubya

[Admiral Yi]

I think it should be abundantly clear by this point that Donald has no interest in taking advice from anyone.

[11B4V]

Hannity is in meltdown mode......