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re: In case missed it, Comey admits that Huma broke the law, but couldn't prove intent...

Posted on 5/4/17 at 3:45 am to
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 5/4/17 at 3:45 am to
quote:


Like Trump University or more than the 3 thousand lawsuits filed against Trump?


Are you really so damned stupid that you don't know the difference between a civil case and a criminal case? You're a typical lib. Dumb as hell.
Posted by stelly1025
Lafayette
Member since May 2012
8539 posts
Posted on 5/4/17 at 4:01 am to
I wonder if I could use that argument if I ever got in legal trouble? Yes this is proof that I committed a crime ,but that was not my intention.
Posted by tigersbh
Baton Rouge
Member since Oct 2005
10331 posts
Posted on 5/4/17 at 4:05 am to
quote:

This would be true if the crime they're accused of had an intent element. Hint: it doesn't. They bring people behind the woodshed for even accidental exposures.


I see somebody gets it.
Posted by tigersbh
Baton Rouge
Member since Oct 2005
10331 posts
Posted on 5/4/17 at 4:07 am to
quote:

Funny...because there's not an intent requirement for the statute at issue. And, Comey's bullshite explanation that there has to at least be an appreciation they shouldn't be doing this fails BECAUSE HUMA AND HILLARY HAD TO SIGN FORMS ACKNOWLEDGING PROPER AND IMPROPER PROCEDURES FOR HANDLING CLASSIFIED INFORMATION.


Well done. Either Comey is a crook or completely incompetent.
Posted by JawjaTigah
Bizarro World
Member since Sep 2003
22507 posts
Posted on 5/4/17 at 5:34 am to
quote:

There is something in D.C. that everyone but the common folk are in on.
Proof? Comey still has his job.
Posted by thejudge
Westlake, LA
Member since Sep 2009
14073 posts
Posted on 5/4/17 at 6:55 am to
quote:

You cant prove that i intended to speed officer! I am not liable for that speeding ticket


Next time I get oullednover for speeding I'll tell him I didn't know I was speeding.

I wonder if hell let me off
Posted by gthog61
Irving, TX
Member since Nov 2009
71001 posts
Posted on 5/4/17 at 6:58 am to
"Intent" is a figment entirely created inside his mind

Watch what happens if a Republican ever does one tenth of what these assholes did
Posted by KosmoCramer
Member since Dec 2007
76552 posts
Posted on 5/4/17 at 8:08 am to
quote:


This would be true if the crime they're accused of had an intent element. Hint: it doesn't. They bring people behind the woodshed for even accidental exposures.


Post the statute that you accuse her of committing.
This post was edited on 5/4/17 at 8:09 am
Posted by KosmoCramer
Member since Dec 2007
76552 posts
Posted on 5/4/17 at 8:13 am to
quote:

Next time I get oullednover for speeding I'll tell him I didn't know I was speeding.

I wonder if hell let me off


Speeding is a strict liability.

I hope you aren't a judge in real life.
Posted by KosmoCramer
Member since Dec 2007
76552 posts
Posted on 5/4/17 at 8:15 am to
quote:

Intent is not an element of a crime. It is a considered after conviction during the penalty phase (presented as matters of extenuation and/or mitigation).


Huh?
Posted by KosmoCramer
Member since Dec 2007
76552 posts
Posted on 5/4/17 at 8:17 am to
quote:

I wonder if I could use that argument if I ever got in legal trouble? Yes this is proof that I committed a crime ,but that was not my intention.


Uh yeah, this happens all the time everyday across America.

Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 5/4/17 at 9:01 am to
quote:

If you can't prove all the elements of the crime then it's not a criminal offense.


If the person refuses to admit that they intended to commit the crime then it is almost impossibl to prove criminal intent.

However, some crimes don't require proving that the person intended to commit the crime in order to find them guilty. All that is required is that the person committed the crime.

For example, if you get stopped for exceeding the speed limit, it is unnecessary to prove criminal intent. The mere fact that you exceeded the speed limit is all that is needed to find you guilty.



Posted by KosmoCramer
Member since Dec 2007
76552 posts
Posted on 5/4/17 at 9:04 am to
quote:

If the person refuses to admit that they intended to commit the crime then it is almost impossibl to prove criminal intent.


How do people accused of capital murder but don't take the stand and didn't confess get convicted? This is an extremely untrue statement.

quote:

However, some crimes don't require proving that the person intended to commit the crime in order to find them guilty. All that is required is that the person committed the crime.

For example, if you get stopped for exceeding the speed limit, it is unnecessary to prove criminal intent. The mere fact that you exceeded the speed limit is all that is needed to find you guilty.


These are called strict liability offenses. I responded to a poster about this in this thread previously.
Posted by JawjaTigah
Bizarro World
Member since Sep 2003
22507 posts
Posted on 5/4/17 at 9:12 am to
So let me get this straight. I can go ahead and break any law I want to, long as I didn't intend to get caught... err, I mean, as long as I say I meant no harm?
Posted by KosmoCramer
Member since Dec 2007
76552 posts
Posted on 5/4/17 at 9:13 am to
quote:


So let me get this straight. I can go ahead and break any law I want to, long as I didn't intend to get caught... err, I mean, as long as I say I meant no harm?


Are you people just ignorant or being intentionally obtuse? I'm not sure which is worse.
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 5/4/17 at 9:14 am to
quote:

The crime they're accused of lacks an intent requirement. Just doing it, even accidentally is a felony.


If that's true then all they need to prove is Fraudulent Intent which is that she committed the crime.

Posted by KosmoCramer
Member since Dec 2007
76552 posts
Posted on 5/4/17 at 9:17 am to
quote:

Fraudulent Intent


What does this even mean?

If there's no mens rea, then it's a strict liability unless there's an overarching statute or case law that would supercede the lack of a mens rea when one isn't present.
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 5/4/17 at 9:30 am to
quote:

If the person refuses to admit that they intended to commit the crime then it is almost impossibl to prove criminal intent.


quote:


How do people accused of capital murder but don't take the stand and didn't confess get convicted? This is an extremely untrue statement.


Those cases usually require some kind of direct evidence such as finding evidence on the accused person's computer that the person intended to commit the crime or finding forensic evidence that links the person to the crime.

If that evidence is not found then it is very rare for someone to be found guilty of murder based on circumstantial evidence alone.

quote:

These are called strict liability offenses. I responded to a poster about this in this thread previously.


Most crimes don't require proving Criminal Intent in order to prove someone is guilty of committing the crime. They only require proving General Intent which is that the person committed the crime.

Are you certain that in this case Criminal Intent must be proven in order to find Huma or Hillary guilty?



This post was edited on 5/4/17 at 12:33 pm
Posted by Vacherie Saint
Member since Aug 2015
39575 posts
Posted on 5/4/17 at 9:32 am to
What happened to "ignorance is no excuse of the law"?

I guess that only applies to the plebians
Posted by DawgfaninCa
San Francisco, California
Member since Sep 2012
20092 posts
Posted on 5/4/17 at 9:35 am to
quote:

Fraudulent Intent


quote:

What does this even mean?


Your friend is a legal dictionary.

I suggest you look up the term, "Fraudulent Intent" in Black's Law Dictionary.
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